Washington, D.C. — President Donald Trump announced Wednesday that he will petition the U.S. Supreme Court to rehear its June 30 decision striking down his executive order restricting birthright citizenship.
The move follows the Court’s ruling that the order violated the 14th Amendment’s guarantee of citizenship to those born in the United States and subject to its jurisdiction.
Background
The 14th Amendment, ratified in 1868, states that all persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States.
Trump issued an executive order in January 2025 directing agencies to deny citizenship recognition to children born to parents who are undocumented or present on temporary visas.
Federal courts blocked the order. The Supreme Court heard arguments and, in a majority opinion authored by Chief Justice John Roberts, ruled the order incompatible with the constitutional text and historical understanding of birthright citizenship.
Key developments
In a Truth Social post, Trump described the June 30 ruling as a “miscarriage of justice” and an “insane decision” that would harm the country if left unchanged.
He stated he would file for an immediate rehearing. The Supreme Court has not granted a rehearing petition since 1965.
Trump also said Congress could pass legislation to address the issue of birthright citizenship.
Impact
The ruling preserves automatic citizenship for nearly all children born on U.S. soil, regardless of their parents’ immigration status. Government data show several hundred thousand such births occur each year.
Implementation of the original executive order would have affected eligibility for passports, federal benefits, and long-term residency pathways for those children and their families.
The decision has intensified debate over immigration enforcement and constitutional interpretation of the 14th Amendment.
What next
The Supreme Court is expected to consider the rehearing petition at an upcoming private conference. Granting such petitions remains rare.
Legal experts anticipate the request will be denied, given the Court’s recent ruling and long-standing precedent against rehearings.
Attention shifts to possible congressional legislation or continued litigation in lower courts over related citizenship and immigration policies.
