{"id":3514,"date":"2026-07-01T06:33:37","date_gmt":"2026-07-01T06:33:37","guid":{"rendered":"https:\/\/southfloridamovingguides.com\/?p=3514"},"modified":"2026-07-01T06:33:37","modified_gmt":"2026-07-01T06:33:37","slug":"the-latest-supreme-court-upholds-birthright-citizenship-rejecting-trumps-restrictions","status":"publish","type":"post","link":"https:\/\/southfloridamovingguides.com\/?p=3514","title":{"rendered":"The Latest: Supreme Court upholds birthright citizenship, rejecting Trump\u2019s restrictions"},"content":{"rendered":"
\n

The Supreme Court on Tuesday upheld a broad conception of birthright citizenship, rejecting President Donald Trump\u2019s executive order declaring that children born to parents who are in the United States illegally or temporarily are not American citizens.<\/p>\n

Read more Miami Heat to sign Tim Hardaway Jr., per report<\/a><\/p>\n

The decision, in line with the longstanding judicial interpretation of the 14th Amendment, comes on the final day of a Supreme Court term that has centered on Trump\u2019s expansive claims of presidential power \u2014 and largely ruled in his favor.<\/p>\n

In its other Tuesday rulings, the court upheld laws in roughly half the states that prohibit transgender girls and women from playing on their public school and college sport teams and struck down limits on party spending in federal elections.<\/p>\n

Here’s the latest:<\/p>\n

Venezuelan asylum seeker, with 2 daughters born in US, relieved by court ruling<\/p>\n

Loreana Pachano, a Venezuelan asylum seeker in Lehi, Utah, with two daughters who became U.S. citizens by birth, said the court\u2019s decision was a relief.<\/p>\n

Her brother is also a U.S. citizen because he was born in the country while his father was working on a master\u2019s degree with a student visa. She was born in Venezuela.<\/p>\n

\u201cIt\u2019s good to see there\u2019s some pushback when things don\u2019t make sense,\u201d said Pachano, who has also applied for an employment-based green card. She said her daughters have no legal status in Venezuela.<\/p>\n

Justice Thomas: \u2018Citizenship Clause was enacted for people who were born in this country and called it home\u2019<\/p>\n

Thomas, who wrote the main dissent, disagreed with the majority\u2019s opinion on birthright citizenship.<\/p>\n

The basis of his argument, among other things, is that the court ignored evidence from Reconstruction debates that suggested citizenship depended on a deeper relationship to the country.<\/p>\n

\u201cThe Citizenship Clause was enacted for people who were born in this country and called it home. It was enacted for freed slaves such as Dred Scott, who had \u2018a domicile\u2019 here and therefore were entitled to sue as citizens,\u201d Thomas wrote in his dissent, concluding that Reconstruction was a targeted remedy for freed slaves to restore citizenship to a wrongfully excluded group.<\/p>\n

\u25b6 Read more<\/p>\n

Supreme Court chief justice: \u2018We break no new ground today\u2019<\/p>\n

Much of Chief Justice John Roberts\u2019 opinion was a history lesson on English common law, in which he concluded that birthright citizenship has always depended primarily on birthplace \u2014 not on parents\u2019 immigration status or domicile.<\/p>\n

\u201cCitizenship, then and now, was the right to have rights \u2014 to freely participate in our political community. The Framers of the Fourteenth Amendment extended that promise to \u2018every free-born person in this land,\u2019\u201d Roberts wrote for the court, citing congressional debate over the amendment, \u201cWe keep that promise today.\u201d<\/p>\n

\u201cWe break no new ground today,\u201d Roberts said on the bench as he read the court\u2019s majority opinion.<\/p>\n

\u25b6 Read more<\/p>\n

Justice Department instructs prosecutors to crack down on \u2018birth tourism\u2019 schemes<\/p>\n

In a memo circulated hours after the Supreme Court\u2019s ruling upholding birthright citizenship, the deputy attorney general\u2019s office directed prosecutors to \u201cprioritize the investigation and prosecution\u201d of fraudulent \u201cbirth tourism\u201d schemes.<\/p>\n

In seeking to end birthright citizenship, the Trump administration pointed to \u201cbirth tourism\u201d networks that arrange for non-U.S. citizens to come to the country solely to give birth.<\/p>\n

The memo says that while many of such cases are charged as visa fraud, prosecutors should also consider whether other laws apply, including wire fraud, money laundering and aggravated identity theft.<\/p>\n

\u201cTogether, we will bring illegal birth tourism to an end and those responsible to justice,\u201d the memo says.<\/p>\n

\u2018A very narrow decision\u2019<\/p>\n

A lawyer representing trans female athletes in pending litigation in multiple states described the Supreme Court\u2019s ruling that upheld state laws barring transgender girls and women from playing on school athletic teams as \u201ca very narrow decision.\u201d<\/p>\n

Susan Cirilli, whose clients include former Swarthmore College cross-country runner Evie Parts, reiterated that there remains no federal law in the country that prohibits transgender women from participating in sports and argues that President Trump\u2019s executive order cannot supersede state law.<\/p>\n

Venezuelan woman who is part of another birthright lawsuit received court decision in tears<\/p>\n

\u201cI feel a great sense of tranquility,\u201d said the woman, one of the five plaintiffs in the lawsuit at the Maryland district court. \u201cIt is a triumph for our children; I fought hard for this day,\u201d said the asylum seeker.<\/p>\n

The woman, who asked not to be identified from fear of being detained, said she filed the lawsuit Jan. 21, 2025, the day after President Trump announced his executive order declaring that children born to people who are in the United States illegally or temporarily are not American citizens. She was pregnant with her first child, who was born in August 2025.<\/p>\n

As an asylum seeker, she did not believe she could request the Venezuelan citizenship for the baby and wondered what citizenship the child would have.<\/p>\n

\u201cThere was a lot of uncertainty and fear. I wondered: if my son wasn\u2019t going to be from here, then where would he be from?\u201d said the woman, who was a doctor in her country and arrived to the U.S. in 2019 after receiving death threats in Venezuela.<\/p>\n

On Tuesday, she said she felt a \u201csea of emotions\u201d when she saw the news on TV.<\/p>\n

ACLU celebrates the Supreme Court\u2019s birthright citizenship ruling<\/p>\n

\u201cThis should have been a unanimous decision,\u201d attorney Cody Wofsy, deputy director at the ACLU Immigrants\u2019 Rights Project, told reporters after the decision was announced. \u201cThe text of the Constitution is clear, the history is clear, and the precedent is clear.\u201d<\/p>\n

\u201cThat said, regardless of what the vote count may have been, this is a rejection of the Trump administration\u2019s extreme attempts to rewrite the Constitution and to exclude entire portions of American-born children from our country.\u201d<\/p>\n

Birthright could become a powerful wedge issue in US politics, critic of decision says<\/p>\n

\u201cThe president was never going to win, in the sense that his executive order was going to be overturned,\u201d said Mark Krikorian, the director of the Center for Immigration Studies, a think tank favoring restrictive immigration policies. \u201cThe question was if the Supreme Court would accept the ACLU\u2019s interpretation of the 14th Amendment.\u201d<\/p>\n

The ruling \u201cconstitutionalized the question\u201d of birthright citizenship, he said, requiring changes through a constitutional amendment.<\/p>\n

That, he argued, is highly unlikely: \u201cCongress can\u2019t rename post offices, let alone do anything else.\u201d<\/p>\n

But, he said, birthright could now become a powerful political wedge issue, similar to the court\u2019s 1973 abortion ruling, which was overturned in 2022.<\/p>\n

\u201cIt\u2019ll distort our politics the way Roe vs. Wade did in energizing a political movement,\u201d he said.<\/p>\n

Could pregnancy now be a question on visa application?<\/p>\n

Mark Krikorian, a prominent Washington voice favoring restrictive immigration policies, said he expects the ruling to result in new U.S. visa applications, with potential visitors being asked if they are pregnant.<\/p>\n

\u201cIt\u2019s something that visa officers are often reluctant to ask about \u2014 it\u2019s awkward,\u201d said Krikorian, the director of the Center for Immigration Studies.<\/p>\n

\u201cBut if it\u2019s on the application then you have the answers, and if you lie you\u2019ve committed a felony,\u201d he said.<\/p>\n

The Trump administration says birthright citizenship has created what it calls a birth tourism industry.<\/p>\n

\u201cIt is unacceptable for foreign parents to use a U.S. tourist visa for the primary purpose of giving birth in the United States to obtain citizenship for the child,\u201d the State Department said in a post on X. \u201cThose who abuse our immigration system through birth tourism may be ineligible for future visas or travel to the United States.\u201d<\/p>\n

Justice Thomas says the majority misunderstands the 14th amendment<\/p>\n

He insists the majority opinion perpetuates a misunderstanding and misapplication of the 14th amendment.<\/p>\n

The citizenship clause and related Reconstruction statutes granted citizenship \u201cto persons born and domiciled in the United States regardless of their race,\u201d he wrote. But \u201cneither guaranteed citizenship to persons who were not domiciled in the United States.\u201d<\/p>\n

He continued: \u201cBlacks were entitled to citizenship because they were Americans. They had no other homeland, owed no allegiance to any foreign power, and were subject to no other authority.\u201d<\/p>\n

That highlights the argument over what it means to be \u201csubject to the jurisdiction\u201d of the U.S.<\/p>\n

The majority holds that, with exceptions like foreign diplomats, being on U.S. soil makes a person subject to U.S. laws. Thomas and dissenters reason that no one who is separately subject to another foreign government should be considered \u201csubject to the jurisdiction\u201d of the U.S., at least when conferring citizenship.<\/p>\n

Justice Jackson takes issue with Thomas in citizenship reasoning<\/p>\n

Justice Clarence Thomas\u2019 dissent in the birthright case argued the 14th amendment\u2019s citizenship clause applied only to formerly enslaved people and not more broadly.<\/p>\n

That prompted Justice Ketanji Brown Jackson to pen a concurrence to Roberts\u2019 majority opinion.<\/p>\n

\u201cDespite his longstanding endorsement of a \u2018colorblind\u2019 Constitution, Justice Thomas now surprisingly suggests that the Citizenship Clause was a race-conscious remedial measure, relating only to \u2018freed slaves such as Dred Scott,\u2019\u201d she wrote, calling that a \u201cnarrow vision\u201d of Reconstruction\u2019s intended expansion of democracy.<\/p>\n

\u201cThis alternative account pitches Black Americans against immigrants when the advocates who promoted the Fourteenth Amendment did no such thing,\u201d Jackson wrote. \u201cFreed Blacks fought for the shared humanity of all people.\u201d<\/p>\n

Read more US riding wave of confidence to World Cup knockout rounds after strong start to home tournament<\/a><\/p>\n

Jackson is the first Black woman to sit on the Supreme Court. Thomas is the second Black man, succeeding Thurgood Marshall, who argued the Brown v. Board case that struck down segregated schools.<\/p>\n

Trump says Congress should end birthright citizenship and calls court ruling \u2018too bad\u2019<\/p>\n

The president said the Supreme Court\u2019s decision upholding that anyone born in the United States automatically becomes an American citizen was \u201ctoo bad for our Country,\u201d but that Congress could \u201ceasily\u201d address it with legislation.<\/p>\n

Trump declared that \u201cNo long and unwieldy Constitutional Amendment is necessary!\u201d<\/p>\n

But the Supreme Court\u2019s ruling Tuesday makes it clear that it would be necessary to amend the Constitution. Chief Justice John Roberts, who wrote the opinion for the court, pointed to the Fourteenth Amendment in the Constitution in ruling that anyone born in the country, with very limited exceptions, is a citizen.<\/p>\n

Justice Department reacts to the ruling on birthright citizenship<\/p>\n

The Justice Department said in a statement that it\u2019s \u201ccommitted to tackling illegal birth tourism schemes by working diligently with U.S. Attorneys across the country to uphold the law.\u201d<\/p>\n

\u201cActors seeking to exploit loopholes to obtain automatic citizenship for their children pose a national security threat and will be brought to justice,\u201d the department said in a post on X.<\/p>\n

Dred Scott case featured in the justices\u2019 birthright citizenship writings<\/p>\n

U.S. Supreme Court justices have long distanced themselves from the pre-Civil War decision that declared Black people \u2014 enslaved and free \u2014 were not U.S. citizens.<\/p>\n

The 1857 Dred Scott case was featured again Tuesday, being mentioned 48 times in 194 pages of the birthright citizenship opinion, concurrences and dissents.<\/p>\n

Roberts\u2019 majority opinion explained how U.S. birthright citizenship originates with English common law: Anyone born in the monarch\u2019s realm was considered a \u201cnatural-born subject.\u201d<\/p>\n

The \u201codious\u201d Scott case, Roberts said, deviated from that once-accepted understanding and \u201cwas met with shock.\u201d<\/p>\n

In response, he detailed, the Civil Rights Act of 1866 and the 14th Amendment\u2019s citizenship clause restored common law understanding, with lawmakers making clear they were explicitly rebuking the Scott decision.<\/p>\n

Yet, Roberts wrote, \u201cthe Government and the principal dissent propose a return to its core tenet,\u201d that \u201cfor certain people, being born on American soil will not suffice to confer citizenship.\u201d<\/p>\n

Supreme Court denies report that Justice Samuel Alito is retiring<\/p>\n

The Supreme Court\u2019s public information office is denying a published report, since retracted, that the court announced Alito\u2019s retirement Tuesday.<\/p>\n

The unusual statement followed a story from NPR saying the court had announced that Alito was stepping down. NPR pulled the story a short time later. Chief Justice John Roberts announced the retirement of several court employees Tuesday, as he customarily does after the court\u2019s final opinions are out. Alito was not among them.<\/p>\n

Speculation had swirled about the justice\u2019s future plans earlier this year, but Fox News and CBS reported this spring that he planned to remain on the bench.<\/p>\n

NPR\u2019s editor-in-chief released a statement saying the story had been incorrectly reported and that correspondent Nina Totenberg would appear on \u201cAll Things Considered\u201d Tuesday afternoon to explain what had happened.<\/p>\n

Court will consider striking down assault weapons bans in Connecticut and the Chicago-area<\/p>\n

A Supreme Court that has expanded gun rights will consider whether bans on semiautomatic rifles, often called assault weapons, violate the Second Amendment.<\/p>\n

The justices said Tuesday they will take up appeals asking the court to strike down bans on the AR-15 and similar semiautomatic firearms in the Chicago area and Connecticut.<\/p>\n

Similar laws are in place in about a dozen states, covering major cities like New York, Los Angeles and Washington, D.C. Congress allowed a national assault weapons ban to expire in 2004, but Democrats have supported renewing it in response to a series of mass shootings and states have continued to pass their own laws.<\/p>\n

The cases are the latest high-profile disputes over guns to reach the court since its conservative majority handed down a landmark ruling in 2022 that expanded Second Amendment rights and spawned challenges to firearm laws around the country.<\/p>\n

The case is expected to be heard in the fall.<\/p>\n

\u25b6 Read more<\/p>\n

More reactions to the Supreme Court\u2019s decision on campaign spending<\/p>\n

The conservative-leaning Institute for Free Speech hailed the decision as \u201ca landmark victory for the First Amendment.\u201d<\/p>\n

\u201cMore than half the states have operated for years without restricting coordinated party expenditures, and there is no evidence of the corruption the federal government fears,\u201d institute senior attorney Brett Nolan said. \u201cThe Court corrected a two-decade-old mistake.\u201d<\/p>\n

Meanwhile, Jacquelyn Lopez and Rachel Jacobs, partners in the Elias Law Group, which represents Democrats in voting rights cases and election contests, said the decision \u201cneedlessly\u201d destroyed \u201ca long-standing pillar\u201d of federal campaign finance laws.<\/p>\n

However, they also said Republicans have \u201cpushed the boundaries\u201d of the limits to help weak candidates. They said the Elias Law Group had anticipated the outcome for months.<\/p>\n

\u201cIn the long run, Democratic campaigns will benefit from the level playing field this ruling provides,\u201d they said. \u201cNow, both parties are free to offer unlimited support to their candidates, not just the party willing to ignore the law to do so.\u201d<\/p>\n

From a descendant of the man at the center of the 1898 birthright citizenship ruling<\/p>\n

Norman Wong, the great-grandson of Wong Kim Ark, the Chinese American cook at the center of the landmark 1898 Supreme Court decision establishing birthright citizenship, applauded Tuesday\u2019s ruling.<\/p>\n

\u201cMy great grandfather, Wong Kim Ark, never set out to become a symbol. He was one man, only a cook, and yet he stood up for what was right, and I believe that it has made a difference,\u201d Wong said in a statement. \u201cAs a result, he stood up for the rights of all of us Americans \u2014 it just so happens that I am related to him. Today\u2019s ruling shows that his victory remains as important now as it was in 1898.\u201d<\/p>\n

\u2018By the grace of God, the president does not manage to do everything he wants\u2019<\/p>\n

For a Mexican mother with six children born in the United States \u2014 ranging in age from 18 years to 18 months \u2014 the Supreme Court\u2019s decision brought happiness.<\/p>\n

\u201cI am happy for our children,\u201d the 38-year-old woman said in a telephone interview. \u201cI am happy because they don\u2019t face any risk like we do.\u201d<\/p>\n

The woman, who asked not to be identified for fear of being detained and deported, crossed the U.S.-Mexico border in 2007 in search of a better life. She has not applied for asylum or any other immigration status.<\/p>\n

She works at a plant nursery in South Florida, where her children attend school.<\/p>\n

The woman said one of her children called her as soon as he found out about the decision to share his joy with her.<\/p>\n

\u201cBy the grace of God, the president does not manage to do everything he wants,\u201d the mother said. \u201cI was confident that, with God\u2019s help, he would not succeed.\u201d<\/p>\n

Birthright citizenship survived racist eras, and now Trump, Global Refuge leader says<\/p>\n

The head of Global Refuge said the Supreme Court averted a catastrophe with its 6-3 opinion upholding the 14th Amendment and rejecting the Trump administration\u2019s attempt to overturn a Reconstruction era amendment.<\/p>\n

\u201cBirthright citizenship survived the Chinese Exclusion Act, Jim Crow, and today, it survived an executive order that would have essentially turned the maternity ward into a customs checkpoint,\u201d said Krish O\u2019Mara Vignarajah, President and CEO of Global Refugee.<\/p>\n

\u201cThe Justices rightly recognized that the U.S. Constitution is clear and unambiguous: if you are born in this country and subject to its jurisdiction, you are a citizen of this country,\u201d she said. Vignarajah said a different outcome would have denied citizenship to more than 250,000 children born in the U.S. each year.<\/p>\n

\u201cThis was a constitutional stress test.\u201d<\/p>\n

Trump says Republicans won \u2018big\u2019 on Supreme Court\u2019s party spending ruling<\/p>\n

The president applauded a Supreme Court ruling that struck down a federal election law and made it easier for major donors to avoid caps on individual contributions to candidates by going through the party.<\/p>\n

\u201cA BIG WIN FOR REPUBLICANS and, more importantly, The First Amendment!\u201d Trump posted on social media.<\/p>\n

House Speaker Mike Johnson \u2018very disappointed\u2019 over birthright citizenship ruling<\/p>\n

The Republican leader\u2019s news conference was interrupted by the ruling as reporters instantly sought a real-time reaction.<\/p>\n

\u201cOh dear,\u201d Johnson said as a reporter read out the decision.<\/p>\n

Johnson said he believes it will subject the country to \u201cserious challenges going forward and we\u2019ll have to deal with that.\u201d<\/p>\n

Johnson, who has worked as a constitutional lawyer primarily on religious issues, said the 14th Amendment is being abused by people who are coming to the U.S. to have children in a \u201cbirthing tourism trend.\u201d It\u2019s not illegal but is a practice the Trump administration has tried to reduce.<\/p>\n

__<\/p>\n

This story has been corrected to reflect the correct last name of a Venzuelan asylum seeker to Pachano, not Panchana.<\/p>\n

Read more The NFL\u2019s Detroit Lions have released cornerback Terrion Arnold, who is charged in Florida kidnappings<\/a><\/p>\n<\/article>\n","protected":false},"excerpt":{"rendered":"

The Supreme Court on Tuesday upheld a broad conception of birthright citizenship, rejecting President Donald Trump\u2019s executive order declaring that children born to parents who are in the United States illegally or temporarily are not American citizens.<\/p>\n","protected":false},"author":1,"featured_media":3513,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"class_list":["post-3514","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\nThe Latest: Supreme Court upholds birthright citizenship, rejecting Trump\u2019s restrictions - South Florida Moving Guides<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/southfloridamovingguides.com\/?p=3514\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"The Latest: Supreme Court upholds birthright citizenship, rejecting Trump\u2019s restrictions - 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