The U.S. Supreme Court surprised no one Tuesday when it ruled 5-4 that birthright citizenship, as provided under the 14th Amendment to the Constitution, could not be banned or limited by President Donald Trump’s 2025 executive order.
Last night, a commentator noted that the high court ruled if a woman in her ninth month of pregnancy were to wade across the Rio Grande River and deliver a child in Texas, her baby would automatically be granted U.S. citizenship.
The Center for Immigration Studies estimated between 225,000 and 250,000 births to illegal immigrants occurred in 2023—nearly seven percent of total U.S. births that year—and the number continues rising annually.
Those realities seem almost like a slap in the face to the former slaves the 14th Amendment was designed to protect, and Justice Clarence Thomas blasted the court majority with a scathing dissent. He accused them of “repurposing” the 14th Amendment “to protect its own set of preferred rights that the Reconstruction Congress never contemplated and that cannot find support in its text.”
Thomas wrote: “Today, the Court does so again by recognizing a constitutional right to citizenship for the children of all foreign birth tourists and illegal aliens.” He added, “I am not sure today’s opinion will stand the test of time. The Citizenship Clause ‘added greatly to the dignity and glory of American citizenship.’ Today’s opinion devalues that citizenship.”
In contrast, President Trump’s response on social media was surprisingly calm and well-measured. He stated: “The Supreme Court upheld Birthright Citizenship, which is too bad for our Country, but we can easily make it up in Congress through Legislation, with the support of the President, that has now been determined during this process. No long and unwieldy Constitutional Amendment is necessary! Congress should start TODAY to work on ending expensive and unfair to our Country, Birthright Citizenship. They will have my Complete and Total Support!”
The president’s lack of visible surprise may have stemmed from a backup plan already in motion, according to a report released Monday—the day before the ruling. It noted that congressional Republicans had legislation pending if the court struck down Trump’s executive order. One such bill, the Birthright Citizenship Act, was introduced in the House by Rep. Brian Babin, R-Texas.
“American citizenship is a priceless privilege that must be protected, not exploited,” Babin told the report. “We must restore integrity to our immigration system, uphold the rule of law, and protect the value of American citizenship for generations to come.” The Senate version was introduced by Sen. Lindsey Graham, R-S.C., with other pending bills limiting birthright citizenship to children with at least one lawful U.S. citizen parent.
The court’s narrow 5-4 ruling amplified the urgency for the GOP to maintain control of both congressional chambers. It may also signal a need for new Senate leadership ahead of the next term.
There is nothing in the world more cherished or valuable than American citizenship. FIFA World Cup players and fans who traveled from other corners of the world praised America’s food, freedom, and friendliness—and marveled at its natural beauty. Yet when any visitor—legally or illegally—delivers a child specifically to gain U.S. citizenship, that privilege becomes cheapened.
We will get there. Given the court’s narrow 5-4 decision, we very nearly achieved this yesterday. It is just going to take a little longer.
