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Immigration

Trump Misses Rehearing Deadline as US Supreme Court Finalises Birthright Citizenship Ruling

Trump Misses Rehearing Deadline as US Supreme Court Finalises Birthright Citizenship Ruling
Trump Misses Rehearing Deadline as US Supreme Court Finalises Birthright Citizenship Ruling

The United States Supreme Court has issued its certified judgement in the case over President Donald Trump's attempt to end birthright citizenship, making its June ruling final and closing the case. 

The judgement, certified on 3 August, confirms that children born in the United States remain citizens at birth regardless of their parents' immigration status. The case, Trump v Barbara, arose from an executive order signed by President Trump in January 2025 titled "Protecting the Meaning and Value of American Citizenship". 

The order sought to deny automatic citizenship to children born in the United States if their parents were undocumented immigrants or were in the country temporarily. Federal courts blocked the policy, and the Supreme Court agreed to hear the case.

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On 30 June, the court ruled 6-3 against the administration. Chief Justice John Roberts wrote that children born in the United States to these parents "are citizens at birth" under the Citizenship Clause of the Fourteenth Amendment. The ruling upheld earlier decisions by lower courts, which found that the executive order conflicted with the Constitution.

Under the court's procedures, the formal judgement was issued about a month after the ruling. The clerk certified the judgement on 3 August, confirming the decision of the District Court in New Hampshire, which had struck down the executive order. The administration did not request a rehearing before the deadline, leaving the ruling as the court's final decision.

The judgement confirms the constitutional protection of birthright citizenship, a principle established under the Fourteenth Amendment following the Reconstruction era. With no further legal challenges available in the case, the decision remains in force.

President Trump has continued to oppose the ruling. After the June decision, he said Congress should pass legislation to end birthright citizenship, arguing that a constitutional amendment would not be necessary. 

He has also criticised the decision on his social media platform, claiming the policy encourages illegal immigration and is being exploited at the southern border. In several posts, he alleged that foreign actors were benefiting from what he described as a "scam" and warned that citizenship was being promoted for sale.

The ruling is a significant setback for one of the administration's key immigration policies. Since returning to office in 2025, President Trump has made ending birthright citizenship a central part of his immigration agenda. The Supreme Court's decision prevents that policy from being introduced through executive action and confirms the limits of presidential authority where constitutional rights are concerned.

Although the president has said he will pursue legislation, any attempt to change birthright citizenship through Congress would face substantial legal and political challenges because of the long-established constitutional interpretation of the Fourteenth Amendment.

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Trump Misses Rehearing Deadline as US Supreme Court Finalises Birthright Citizenship Ruling | Mwakilishi.com