Supreme Court Declares Trump’s Birthright Citizenship Order Unconstitutional

Mon Sep 14 2026 15:24:37 GMT+0000 (Coordinated Universal Time)

The top U.S. court finds President Trump’s attempt to curb birthright citizenship unlawful, posing a major setback to his immigration agenda.

The U.S. Supreme Court has ruled that President Donald Trump’s executive order limiting birthright citizenship is unconstitutional, reaffirming a principle that has been in place for more than a century. Gary O'Donoghue, BBC’s Chief North America Correspondent, explained how the decision unravels a central pillar of Trump’s immigration policy and adds a significant blow to his political capital. The ruling underscores the independence of the judiciary in safeguarding constitutional rights. Analysts suggest this could force the Trump administration to revisit its immigration strategy. The court’s 6‑3 decision marks a turning point in the ongoing battle over race‑based citizenship issues.

Supreme Court Declares Trump’s Birthright Citizenship Order Unconstitutional

The U.S. Supreme Court returned to the courtroom for a landmark decision today, ruling that the executive order issued by former President Donald Trump limiting birthright citizenship is unconstitutional. The order, which stemmed from a broader push by the administration to overhaul immigration policy, is now invalidated after the court found it violates the 14th Amendment’s guarantees of equal protection and due process.

BBC’s Chief North America Correspondent Gary O'Donoghue offered context, noting that the birthright citizenship principle has stood firm for over a century and represents a core element of American identity. The ruling dismantles a key building block of Trump’s immigration agenda, thereby affecting the administration’s ability to shape the national conversation around who can claim citizenship by birth.

Legal experts say the decision reaffirms the separation of powers, illustrating that executive initiatives cannot override constitutional protections. Politically, the verdict threatens to erode the Trump administration’s standing with voters who had rallied around ambitious immigration reforms. The ruling is seen by many as a setback that could force a reassessment of policy proposals moving forward.

The court’s 6‑3 vote reversed the executive's direction and marked a significant moment for civil rights. As the nation watches, the decision underscores that constitutional principles are the ultimate authority against large‑scale political reforms.