Supreme Court upholds birthright citizenship, upending executive order by President Trump

EL PASO, Texas (KVIA) -- On Tuesday, the U.S. Supreme Court denied President Donald Trump's executive order to deny birthright citizenship to new Americans, and in doing so, uphold more than a century of precedent by continuing the practice of new babies born on American soil immediately becoming American citizens.

The decision by the court, which was 6 to 3, is a major loss for Trump, who became the first sitting president to attend oral arguments of a case by the court and had lobbied for his order to be enabled Day 1.

Chief Justice John Roberts wrote for the majority opinion saying: "Citizenship, then and now, was the right to have rights -- to freely participate in our political community. The Framers of the Fourteenth Amendment extended that promise to every free-born person in this land. We keep that promise today."

The three justices who dissented the decision were Justices Clarence Thomas, Neil Gorsuch and Samuel Alito, who articulated in their opinion that neither the U.S. Constitution nor federal law "guaranteed citizenship to persons who were not domiciled in the United States."

Stay tuned for complete coverage on the story all day on ABC-7.

Several Texas and New Mexico politicians have shared their responses to the Court's decision:

Texas Leaders

On X, Texas Governor Greg Abbott said the decision is a "missed opportunity to restore the original meaning of the 14th Amendment."

Gov. Abbott posted:

"Birthright citizenship has become a powerful magnet for illegal immigration that will forever change our nation if left unaddressed. Automatic citizenship for children born to parents in the United States illegally or only temporarily is an absurdity that was never contemplated by our Constitution nor agreed to by the American people. 

Congress must clarify that American citizenship means something and does not extend automatically to children whose parents are in this country unlawfully or temporarily. The American people and the sovereignty of our nation deserve nothing less."

In addition, U.S. Senator Ted Cruz also released a statement on X in response to the court's decision.

Sen. Cruz wrote:

"Today’s decision regarding birthright citizenship is a travesty. The Fourteenth Amendment was written to overturn Dred Scott and guarantee citizenship to freed slaves—not to create automatic citizenship for the children of those who violate our immigration laws or are only temporarily in the United States. This decision will only invite further exploitation of our immigration system. The Court adopted an interpretation that departs from the original meaning of the Constitution and incentivizes illegal immigration. Congress retains the authority to clarify federal law, and it should act immediately to restore the original meaning of the Citizenship Clause and protect the integrity of American citizenship."

Texas State Senator César J. Blanco said, "The Constitution leaves no room for doubt: if you are born in the United States, you are a citizen. Today's decision reinforces that fundamental truth. This is a significant victory for our country.”

U.S. Congresswoman Veronica Escobar said, "The 14th Amendment clearly states: 'All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.' Today, in what should have been a 9-0 vote, the Supreme Court didn’t just make the right decision, they made the only constitutional decision. Birthright citizenship has been fundamental to our nation’s economy, culture, and identity for more than 150 years. Upholding this constitutional guarantee reaffirms a basic truth: in America, citizenship is determined by the Constitution, not by politics or ideology."

New Mexico Leaders

Congressman Gabe Vasquez said, "For nearly 160 years, the law has been crystal clear — if you’re born in the U.S., you’re an American citizen under the 14th Amendment of our Constitution. Today, the Supreme Court thankfully upheld the law and protected birthright citizenship in this country. Birthright citizenship has lawfully paved the way for millions of successful, patriotic, and proud American citizens — and as America charts its next 250 years, that law must continue to stand."

U.S. Senator Martin Heinrich said, “Birthright citizenship isn't up for debate — it's enshrined in our Constitution. Today's decision reaffirms what has long been settled law: if you're born in the United States, you're an American citizen.”

"The Supreme Court’s recent decisions have emboldened President Trump to test the limits of his power. But the Constitution, backed by decades of legal precedent, makes it absolutely clear that anyone born in the United States is an American citizen. Today, the Supreme Court upheld a fundamental constitutional principle that has defined our nation for generations." U.S. Senator Ben Ray Luján said.

Luján also said, "President Trump’s attempts to undermine this fundamental right guaranteed by the Constitution were unlawful and contrary to the values that have long strengthened our country. While the Supreme Court rejected those efforts this time, Congress must reassert its legal authority and hold the president accountable as he seeks to rewrite the law in his favor."

New Mexico Attorney General Raúl Torrez issued the following statement in response to Tuesday's decision:

"Today's decision reaffirms one of the clearest promises in the United States Constitution: if you are born on American soil, you are an American citizen. The Citizenship Clause is not subject to political whims or presidential decree, it is a constitutional guarantee that has been settled law for more than 150 years. President Trump's executive order was a blatant abuse of executive authority that sought to rewrite the Constitution with the stroke of a pen. The Supreme Court rightly rejected that effort and reaffirmed that no president has the power to strip constitutional rights from children born in this country. The rule of law prevailed today, and families across America can have confidence that this fundamental constitutional protection remains secure."