Supreme Court Birthright Citizenship Ruling—3 Things Trump Could Do Next - Newsweek
President Donald Trump's effort to end birthright citizenship through executive action appears to have reached its legal end point, as the administration has missed a deadline to seek Supreme Court reconsideration of the ruling that struck down his executive order. On June 30, the Supreme Court ruled in Trump v. Barbara that children born in the United States to parents who are unlawfully or temporarily present are citizens at birth under the 14th Amendment. The ruling was a major blow for the Trump administration's efforts, but it is unlikely to end attempts by Republicans to reshape citizenship rights. Trump had previously pledged to seek a rehearing. But the deadline for filing such a request passed without the administration submitting a petition, court records showed. With the judicial route largely exhausted, attention has shifted to the options that remain for Trump and his allies in their continued efforts to restrict birthright citizenship. Newsweek has contacted the White House for comment via email. Amend the Constitution Some Republican lawmakers and allies of the president have argued that a constitutional amendment may now be the only way to overturn the court's interpretation of the 14th Amendment's Citizenship Clause. Following the ruling, House Speaker Mike Johnson suggested the decision could mean that "you have to amend the Constitution" to change birthright citizenship. Senator Mike Lee of Utah and other Republican lawmakers also publicly discussed pursuing amendments. Constitutional amendments face steep political hurdles. Any proposal would require approval by two-thirds of both chambers of Congress and ratification by 38 states, meaning Republicans would need support far beyond their current congressional majorities. Given deep partisan divisions over immigration, such a path remains politically daunting for the MAGA movement. Bennett Gershman, a law professor at Pace University, previously told Newsweek that the most direct legal path to ending birthright citizenship would be a constitutional amendment rather than through legislation. Take Congressional Action Trump's executive order, signed on his first day back in office in January 2025, sought to deny automatic citizenship to children born in the United States if neither parent was a U.S. citizen or lawful permanent resident, meaning the parents were in the country illegally or temporarily on visas. Lower courts blocked the order before the Supreme Court ultimately struck it down, rejecting the administration's argument that the Citizenship Clause does not automatically apply to everyone born on U.S. soil. Following the ruling, Trump called on Congress to pursue legislation addressing birthright citizenship. "The Supreme Court upheld Birthright Citizenship," Trump wrote on Truth Social, adding that lawmakers could respond "through Legislation." He also said that a "long and unwieldy Constitutional Amendment" was unnecessary. Republican lawmakers have already introduced multiple bills that seek to restrict birthright citizenship. Representative John McGuire of Virginia introduced a bill that would amend Section 301(a) of the Immigration and Nationality Act, the provision that grants citizenship at birth to people born in the United States and subject to its jurisdiction. On July 13, Senator Jim Banks of Indiana introduced legislation that would codify Trump's executive order seeking to limit birthright citizenship. "The Supreme Court's birthright citizenship decision was an unprecedented assault on American sovereignty, and we must do whatever it takes to save our country," Banks said in a news release. Representative Morgan Griffith of Virginia has introduced the End Birthright Citizenship for Territories Act, which would end automatic U.S. citizenship at birth in Puerto Rico, Guam, the U.S. Virgin Islands and the Northern Mariana Islands for children born on or after January 1, 2027, unless at least one parent is a U.S. citizen or lawful permanent resident. Whether Congress could ultimately enact a law that survives legal scrutiny remains uncertain. The Supreme Court's ruling rested primarily on the Constitution's Citizenship Clause, meaning any legislation inconsistent with that interpretation would likely face immediate court challenges. Any such legislation would also face significant political hurdles, requiring support from almost all Republicans in Congress and potentially exposing divisions between hard-line conservatives and more moderate members of the party. Target Birth Tourism The administration has increasingly focused on birth tourism as an alternative avenue for restricting what officials describe as incentives tied to birthright citizenship. In the days following the Supreme Court's ruling, the Justice Department directed federal prosecutors to prioritize investigations and prosecutions involving so-called birth tourism schemes, arguing that individuals who enter the United States under false pretenses to secure citizenship for a child may be exploiting the immigration system. White House officials and allies also discussed possible measures after the court defeat, including intensified scrutiny of visa applicants, prosecutions targeting birth tourism networks and additional enforcement efforts aimed at preventing foreign nationals from entering the United States for the purpose of giving birth. About 320,000 babies were born to unauthorized immigrant mothers in the United States in 2023, according to estimates from the nonpartisan Pew Research Center. What Happens Next The Supreme Court's decision means Trump's executive order to limit birthright citizenship cannot take effect. The administration's failure to seek a rehearing before the deadline further reduces the likelihood of additional court action on the same question. For now, the remaining paths appear to be legislative, constitutional or administrative. Any reversal of the recent ruling would likely depend on a future Supreme Court, perhaps with a different ideological balance, revisiting the issue in a new case. Contact Newsweek editors on this story: Tobias Meyjes and Shakeema Edwards.