President Donald Trump has announced his intent to pursue legislative changes to restrict birthright citizenship following a recent Supreme Court decision that invalidated his executive order on the matter. The announcement, made via Truth Social and reiterated at a rally in Medora, North Dakota, signals a strategic pivot by the administration to work with Congress to implement policies similar to those previously outlined in the executive order.
"Congress could—consistent with the Fourteenth Amendment—amend §1401(a) or otherwise enact new legislation establishing exceptions to birthright citizenship for children born to foreign citizens unlawfully or temporarily in the country. But Congress has not yet done so," — Justice Brett Kavanaugh, Concurring Opinion in *Trump v. Barbara*.
The Supreme Court's decision, issued on June 30, 2025, in the case of *Trump v. Barbara*, struck down Executive Order 14160. This order, titled “Protecting the Meaning and Value of American Citizenship,” had been signed by President Trump on January 20, 2025. Its objective was to direct federal agencies to deny automatic U.S. citizenship at birth to certain children born within the United States whose parents were either unlawfully present or temporarily present on visas. Specifically, the executive order targeted children born to mothers illegally in the U.S. when the father was neither a U.S. citizen nor a lawful permanent resident. It also applied to children born to mothers lawfully present on temporary visas if the father similarly lacked U.S. citizenship or permanent legal status.
In a 6-3 ruling, the Supreme Court concluded that the executive order could not stand. Chief Justice John Roberts authored the majority opinion, joined by Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett, and Ketanji Brown Jackson. The Court determined by a 5-4 constitutional majority that the executive order violated the Citizenship Clause of the Fourteenth Amendment. The majority opinion reaffirmed the longstanding precedent established by *United States v. Wong Kim Ark* (1898), which held that children born in the United States to parents who are unlawfully or temporarily present are generally considered "subject to the jurisdiction" of the United States and are therefore citizens at birth.
Justice Brett Kavanaugh concurred with the judgment to strike down the executive order but offered a separate opinion disagreeing with the majority’s constitutional reasoning. Justice Kavanaugh concluded that the executive order conflicted with existing federal law, specifically 8 U.S.C. § 1401(a), which governs birthright citizenship. Crucially, he argued that Congress possesses the authority to amend this statute without necessarily violating the Constitution. "Congress could—consistent with the Fourteenth Amendment—amend §1401(a) or otherwise enact new legislation establishing exceptions to birthright citizenship for children born to foreign citizens unlawfully or temporarily in the country. But Congress has not yet done so," Kavanaugh wrote in his concurring opinion.
President Trump has embraced Justice Kavanaugh's opinion as a potential blueprint for future action. Following the ruling, President Trump stated on Truth Social that while the Supreme Court had upheld birthright citizenship under existing law, Congress has the power to change the statute. "We can easily make it up in Congress through Legislation," President Trump wrote, urging lawmakers to immediately begin drafting legislation to end what he termed "expensive and unfair" birthright citizenship.
Speaking to supporters at a rally in Medora, North Dakota, President Trump reiterated his stance, arguing that the original intent of birthright citizenship was never meant to encompass birth tourism or children of individuals who have entered the country illegally or temporarily. He specifically stated, "It was meant for the babies of SLAVES!" and "Not for rich people from CHINA!" He added, "I KNOW they got it wrong," regarding the Supreme Court's interpretation.
Under the legislative framework suggested by Justice Kavanaugh, Congress could either amend the existing statute governing citizenship, 8 U.S.C. § 1401(a), or enact entirely new legislation. Such new laws could create exceptions to birthright citizenship similar to those proposed in President Trump’s invalidated executive order. If Congress were to pass such legislation, federal agencies would then be tasked with updating regulations concerning passports, Social Security numbers, and other citizenship documents to align with the revised legal framework. This approach shifts the burden from executive action to congressional initiative, requiring legislative consensus to enact the desired changes to birthright citizenship policy.
