Supreme Court Upholds Birthright Citizenship, Kavanaugh Concurrence Suggests Congressional Path

The Supreme Court ruled 6-3 that Executive Order 14160 could not take effect, upholding automatic citizenship for most people born in the United States under the 14th Amendment. Justice Brett Kavanaugh joined the majority but wrote separately that the case should have been decided under federal statute rather than constitutional grounds.

He noted that Congress first wrote the birthright citizenship language into law in 1940 and carried it into the Immigration and Nationality Act of 1952. Kavanaugh stated that Congress could amend the statute to create exceptions for children born to foreign citizens unlawfully or temporarily in the country, comparing those categories to historical exceptions recognized in the 1898 United States v.

Wong Kim Ark decision.

Johnson said birthright citizenship has been abused and suggested Congress would need to amend the Constitution. Sen. Rand Paul renewed his push for a constitutional amendment, writing that legislation alone would not be enough. Sen. Mike Lee also called for a constitutional amendment to exclude foreign nationals who break immigration laws.

The Justice Department announced it would focus enforcement on visa fraud and birth tourism cases rather than the blocked executive order.

A 5-4 majority held that the Citizenship Clause itself protects birthright citizenship, meaning any future legislation would likely face constitutional challenges. Notre Dame Law School professor Haley Proctor told Fox News Digital that the court is unlikely to revisit the issue without a constitutional amendment.