The US Supreme Court on Tuesday rejected President Donald Trump's attempt to restrict birthright citizenship in the United States - a right long woven into the fabric of American society - scuttling one of his top priorities in his crackdown on immigration.
In a 6-3 split, the justices upheld a lower court's decision blocking Trump's executive order directing US agencies not to recognise the citizenship of children born in the United States if neither parent is an American citizen or a legal permanent resident, also called a "green card" holder.
Trump had issued the order last year on his first day back in office as part of a suite of policies to crack down on legal and illegal immigration. Critics have accused the Republican President of racial and religious discrimination in his approach to immigration.
Prior to the release of the court ruling on Tuesday, Trump seemed to suggest that his efforts to end birthright citizenship could continue even with an adverse decision. In a post on Truth Social, Trump posted a link to a news article pointing to the efforts of Republican Party legislators in the US Congress to pass laws that would practically end birthright citizenship if they succeeded.
It is presently unclear if the Trump administration and the Republican Party have the political wherewithal to pass such significant legislation.
This marked the second time this year that the court has invalidated a major Trump initiative, following its February decision to strike down his sweeping global tariffs.
Trump plans to undo the SCOTUS order
Trump is already planning to undo the Supreme Court judgment on birthright citizenship. calling it “too bad” for the country.
“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!” Trump wrote on Truth Social.
Challenged over the 14th Amendment violation
Challengers to Donald Trump's executive order on birthright citizenship argued that it violates language in the US Constitution's 14th Amendment that confers citizenship to those born in the United States who are "subject to the jurisdiction thereof."
The legal challenge to Trump's directive involved a class-action lawsuit filed in New Hampshire by parents and children whose citizenship was threatened by the directive.
The 14th Amendment has long been interpreted as guaranteeing citizenship for babies born in the United States, with only narrow exceptions such as the children of foreign diplomats or members of an enemy occupying force.
The provision at issue, known as the Citizenship Clause, states: "All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside."
The administration has asserted that the phrase "subject to the jurisdiction thereof" means that being born in the United States is not enough for citizenship, and excludes the babies of immigrants who are in the country illegally or whose presence is lawful but temporary, such as university students or those on work visas.
Citizenship is granted only to the children of those whose "primary allegiance" is to the United States, including citizens and permanent residents, the administration has argued. Such allegiance is established through "lawful domicile," which the administration's lawyers define as "lawful, permanent residence within a nation, with intent to remain."
When the Supreme Court considered the case on April 1, Trump made history as the first sitting president to attend arguments before the top US judicial body, though he left midway through, not long after the lawyer arguing against the administration had begun.