The US Supreme Court has struck down President Donald Trump’s executive order that sought to deny automatic citizenship to children born on American soil to parents without permanent legal status. In a 6-3 decision, the court ruled that the order violated the 14th Amendment to the Constitution, which grants citizenship to “all persons born or naturalized in the United States.” Within hours, White House officials said the administration would now consider barring pregnant foreign nationals from entering the country as an alternative means to curb what it terms “birth tourism.”

The ruling drew immediate criticism from the White House, where officials described it as a blow to immigration enforcement. Stephen Miller, deputy chief of staff for policy, said the administration would take “a hard look” at barring pregnant women from entering the country, arguing that birthright citizenship creates a “direct line into American cash and welfare.” The Department of Homeland Security, according to its head Markwayne Mullin, is also examining visa restrictions, citing national security concerns that children born to foreign visitors could later “steal intellectual property” after studying at US universities. The White House spokesperson said the president remains “totally committed to protecting the value of natural-born American citizenship” and has directed Congress to pass legislation to address the issue.

The Supreme Court’s majority opinion, delivered by Chief Justice John Roberts, was joined by the court’s three liberal justices and two conservatives, Brett Kavanaugh and Amy Coney Barrett, both Trump appointees. The three dissenting justices — Neil Gorsuch, Samuel Alito and Clarence Thomas — argued that the 14th Amendment does not extend to children of those in the country unlawfully or temporarily. Justice Alito specifically condemned the practice of “birth tourism.” In Brasília, Latin American observers noted that the ruling reaffirmed a constitutional principle that has shaped American identity since the 1898 case of Wong Kim Ark, which established birthright citizenship for children of immigrants. In Jerusalem, Jewish advocacy groups welcomed the decision but warned that the 6-3 margin shows the principle remains under political threat.

The practical effect of the ruling is that all children born in the United States continue to acquire citizenship at birth, regardless of their parents’ immigration status. The administration, however, retains other tools. The Department of Justice will prioritise investigations into “birth tourism schemes,” and the White House is pressing lawmakers to amend the 14th Amendment through legislation. On Capitol Hill, reactions split along party lines: Democratic representatives called the ruling a correct reading of the Constitution, while some Republicans, such as Representative Byron Donalds, described it as “a terrible decision.” The administration has not yet published a draft bill, and no congressional vote has been scheduled.