Supreme Court strikes down birthright citizenship executive order
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Lawmakers on Capitol Hill had mixed reactions to the Supreme Court’s decision to strike down President Donald Trump’s proposal to end birthright citizenship and also allow children born in the United States to be recognized as U.S. citizens.
“This is a terrible decision,” Rep. Byron Donalds, R-Fla., told Fox News Digital.
“Regulate people before they come here — so they don’t come here just to have a baby and leave,” said Rep. Ro Khanna, D-California.
“There should be a regulation in terms of the immigration process. It does not mean that we will strip you of citizenship after you are born here,” he continued.
REPUBLICAN ACCUSES SCOTUS OF BETRAYING US, BIRTH RIGHT CITIZENSHIP INSTRUCTED BILL THAT WOULD RESTRICT PREGNANT VISITORS.
Rep. Ro Khanna, the U.S. Supreme Court and Rep. Byron Donalds weigh in after the high court rejected President Donald Trump’s bid to end birthright citizenship. (Shannon Finney/NBC via Getty Images; Li Rui/Xinhua via Getty Images; Nathan Posner/Anatolia via Getty Images)
The case, which divided many Republicans and Democrats, challenged Trump’s executive order to separate birthright citizenship from the 14th Amendment. Most Democrats Fox News Digital spoke to argued that the decision would be considered unconstitutional if it were to do otherwise.
“I think they did it right,” said Rep. Christian Menefee, D-Texas. “The Supreme Court said the Constitution says what it says. If anyone has any questions about what the 14th Amendment says, I think that’s a little embarrassing. So I’m glad they got it right.”
TRUMP FACES A HUGE DEFEAT IN THE SUPREME COURT WHILE JUSTICE SUPPORTS BIRTH RIGHT CITIZENSHIP
Representative Christian Menefee (D-TX) speaks on stage during DJ Michael 5000 Watts King’s Day at The Bell Tower on February 16, 2026 in Houston, Texas. Watts passed away on January 30, 2026, at the age of 52. (Marcus Ingram/Getty Images)
“I believe in the Constitution,” Rep. James Clyburn, D.C., said when asked about the decision.
“The Constitution is the Constitution. If you don’t like the Constitution, you can try to change it,” said Rep. Seth Magaziner, D-R.I. “But honestly, I think we have much bigger problems as a country than Americans trying to live their lives as natural-born citizens.”
The 6-3 decision underscores a significant loss for Trump’s immigration agenda, as he criticized birthright citizenship as a “magnet for illegal immigration.”
ICE APPLICATIONS ARE INCREASING, 10,000 ARRESTS WERE MADE IN FIVE DAYS DUE TO THE SUPREME COURT’S DECISION ON CITIZENSHIP FROM BIRTH
D-Art. “I think the president has an obsession with immigrants in this country,” said representative Sarah Elfreth. “He’s determined to make this as uncomfortable as possible. We’ve seen this over and over again with ICE, we’ve seen this with the attack on the 14th Amendment.”
Justice Clarence Thomas, Justice Neil Gorsuch and Justice Samuel Alito were the three dissenters, arguing that the 14th Amendment does not guarantee birthright citizenship to all children born to parents who are in the country illegally and temporarily. Alito said the decision fails to recognize the rise of “birth tourism,” the concept of foreigners coming to America solely to give birth, and potentially opens the door to national security threats.
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Rep. Ilhan Omar, D-Minn. and Rep. Maxine Waters, D-Calif., declined to comment on the decision to Fox News Digital.
D-Miss. “Americans should be happy because the Constitution means more than one person’s opinion,” said Representative Bennie Thompson.
