President Donald Trump is seeking Congressional support to pass legislation on birthright citizenship following the Supreme Court's rejection of his executive order aimed at ending the practice. The court voted 6-3 against the executive order on June 30, 2026, which Trump had signed upon returning to office the previous year.
In a post on Truth Social, Trump expressed disappointment with the ruling, stating that Congress could address the issue through legislation without the need for a constitutional amendment. He urged Congress to begin work on this matter immediately, indicating he would support the effort.
Supreme Court Justice Brett Kavanaugh, appointed by Trump, noted in his opinion that Congress could clarify eligibility for birthright citizenship through new legislation or amendments consistent with the Fourteenth Amendment.
Legislators have introduced bills in both the House and Senate to redefine birthright citizenship, with Rep. Brian Babin (R-TX) and Sen. Lindsey Graham (R-SC) leading the efforts. Graham emphasized his commitment to making birthright citizenship a priority if he becomes chairman of the Senate Judiciary Committee.
Sen. Eric Schmitt (R-MO) proposed a constitutional amendment in response to the Supreme Court's decision, arguing that if legislation fails, amending the Constitution is necessary to restore citizenship rights.
To amend the Constitution, Schmitt's proposal would require a two-thirds majority in both the House and Senate or support from two-thirds of state legislatures, followed by ratification from three-fourths of the states.
White House officials did not specify which legislative proposal Trump supports, redirecting inquiries to his social media statement. A former Trump administration official suggested that the ruling would not significantly hinder conservative efforts, as they would focus more on border security and immigration enforcement.
Democratic National Committee chairman Ken Martin criticized Trump's efforts, stating that the Supreme Court's decision reaffirmed the rights of American citizens born to immigrant parents, emphasizing the clarity of the Fourteenth Amendment.