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From Supreme Court to Capitol Hill: Trump's new offensive against birthright citizenship
🇵🇾 Paraguay /Crime & Justice

From Supreme Court to Capitol Hill: Trump's new offensive against birthright citizenship

From ABC Color · () Spanish

Translated from Spanish, summarized and contextualized by DistantNews.

At a glance

News From a news agency Context piece
  • The Supreme Court upheld a long-standing interpretation of the Constitution, affirming that nearly anyone born within the United States is a citizen, with exceptions for children of diplomats.
  • This ruling is a significant setback for Donald Trump, though he and his allies are pushing Congress to legislate changes to birthright citizenship.
  • Trump urged Congress to act immediately to end the practice, which he deems costly and unfair, while acknowledging that a constitutional amendment is not necessary.

The U.S. Supreme Court has maintained a constitutional interpretation that has granted citizenship to nearly anyone born within the nation for over 150 years, excluding only children of diplomats. This decision represents a major defeat for Donald Trump's efforts to alter birthright citizenship.

Congress could, in accordance with the Fourteenth Amendment, modify (such law) or enact new legislation that establishes exceptions to birthright citizenship for the children of foreign nationals who are in the country illegally or temporarily. But Congress has not yet done so.

— Brett KavanaughJustice Kavanaugh's explanation of how Congress could alter birthright citizenship laws.

Despite the ruling, Trump and his supporters are not abandoning the cause. Justice Brett Kavanaugh, appointed by Trump, outlined a potential path forward, suggesting that Congress could amend or enact new legislation to create exceptions to birthright citizenship for children of individuals residing in the country illegally or temporarily. Kavanaugh noted that while an executive order might conflict with federal law, it would not necessarily contravene the Constitution, thus leaving the door open for legislative changes.

Trump quickly responded to the court's decision, demanding that Congress take immediate action. "Congress should start today to end birthright citizenship, a costly and unfair practice for our country. You will have my total and absolute support!" he posted on his social media platform, Truth Social. He believes a lengthy constitutional amendment is unnecessary to achieve his goal.

Congress should start today to end birthright citizenship, a costly and unfair practice for our country. You will have my total and absolute support!

— Donald TrumpTrump's call for congressional action on birthright citizenship.

However, Trump appears to overlook that Congress has considered numerous proposals on birthright citizenship over the past three decades without enacting any. Currently, two complementary bills, titled the 'Birthright Citizenship Act of 2025,' are before Congress, supported by Senator Lindsey Graham and Representative Brian Babin. These bills aim to restrict U.S. citizenship by birth to children whose parents are either U.S. citizens or legal permanent residents. Graham stated his long-standing commitment to ending what he calls a significant "pull factor" for illegal immigration and birth tourism.

I am more determined than ever to end this important pull factor for illegal immigration and birth tourism.

— Lindsey GrahamSenator Graham's statement on his efforts regarding birthright citizenship.
DistantNews Editorial

Originally published by ABC Color in Spanish. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.

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