Trump calls on Congress to end birthright citizenship after Supreme Court loss

Joey Garrison, USA TODAYTue, June 30, 2026 at 5:59 PM UTC

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WASHINGTON – President Donald Trump called on Congress to pass legislation ending birthright citizenship after the Supreme Court ruled against his efforts to undo the long-standing principle that all individuals born in the United States are American citizens.

Trump on June 30 expressed disappointment in his first public statement on the court's 6-3 decision, which blocked a 2025 executive order he issued that sought to prevent children of immigrants in the country illegally from automatically becoming U.S. citizens because they were born on American soil. Yet the president also pointed to a legislative path to accomplish his goal.

"The Supreme Court upheld Birthright Citizenship, which is too bad for our Country, but we can easily make it up in Congress through Legislation, with the support of the President, that has now been determined during this process," Trump wrote in a post on Truth Social.

"No long and unwieldy Constitutional Amendment is necessary! Congress should start TODAY to work on ending expensive and unfair to our Country, Birthright Citizenship. They will have my Complete and Total Support!" the president added.

More: Birthright citizenship upheld on major day of Supreme Court decisions

Writing for the majority, Chief Justice John G. Roberts Jr. said children born to parents who are unlawfully or temporarily in the United States satisfy the citizenship clause of the 14th Amendment, which states, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."

The decision is a major blow to Trump's hardline immigration agenda centered on large-scale deportations of immigrants in the country unlawfully.

Roberts was joined by two conservative justices appointed by Trump, Amy Coney Barrett and Brett Kavanaugh, and the three liberal justices, Ketanji Brown Jackson, Elena Kagan and Sonia Sotomayor. Kavanaugh wrote that he based his decision on federal law, not the Constitution. Three of the court's other conservatives – Justices Clarence Thomas, Samuel Alito and Neil Gorsuch – dissented.

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More: Supreme Court rejects Trump order limiting US birthright citizenship

It's unclear whether Trump has the votes in Congress to pass legislation overturning birthright citizenship. Republicans hold a thin 218-212 majority in the House and a 53-47 majority in the Senate. But passing legislation to redefine who qualifies for citizenship could be a tough climb, particularly ahead of the 2026 midterm elections.

Sen. Lindsey Graham, R-South Carolina, and Rep. Brian Babin, R-Texas, two Trump allies, introduced legislation last year to ban birthright citizenship. The text of their bill acknowledges the right of birthright citizenship under the 14th Amendment but defines persons who are "subject to the jurisdiction" of the United States as individuals whose parents are either U.S. citizens or nationals, aliens permitted to reside in the U.S., or immigrants with lawful status to serve in the armed forces.

More: Supreme Court rejects Trump's birthright citizenship order in major blow

The bill would not affect the citizenship or nationality status of any person born before the bill's enactment date.

"For years, I have been pushing legislation and a constitutional amendment to change the United States’ policy on birthright citizenship," Graham said in a statement after the Supreme Court's ruling. "While I’m disappointed in the Court’s decision regarding birthright citizenship, I am determined more than ever to put an end to this major magnet for illegal immigration and birth tourism."

Contributing: USA TODAY's Maureen Groppe

Reach Joey Garrison on X @joeygarrison.

This article originally appeared on USA TODAY: Trump calls on Congress after loss on birthright citizenship decision

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