Some Republican lawmakers are advocating for a constitutional amendment to end birthright citizenship following the Supreme Court's decision on June 30, 2026, which struck down President Donald Trump's executive order aimed at limiting citizenship rights under the 14th Amendment. The court ruled 6-3 against the order that would have denied citizenship to children born in the U.S. to parents who are in the country illegally or on a temporary basis.
Senator Rand Paul (R-KY) introduced a constitutional amendment in April, anticipating that the Supreme Court might not address the issue to his satisfaction. Following the ruling, Paul encouraged those dissatisfied with the decision to support his proposal through a social media post.
The 14th Amendment grants citizenship to all persons born or naturalized in the United States. Proponents of changing the birthright citizenship rules, including Paul, argue that the amendment was originally intended to grant citizenship to formerly enslaved individuals, not to children of illegal migrants.
Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented from the ruling, suggesting that the amendment was not meant to extend citizenship to individuals not legally residing in the U.S. In response, Trump called for Congress to legislate an end to birthright citizenship without requiring a constitutional amendment, asserting that lawmakers could easily address the issue.
Senator Mike Lee (R-UT) also expressed support for the amendment, stating that the original intent of the 14th Amendment did not include citizenship for children born to illegal immigrants. He emphasized the need to exclude foreign nationals who violate U.S. laws from citizenship.
Governor Ron DeSantis (R-FL) characterized the Supreme Court's ruling as a significant setback for the Republican Party and indicated that a constitutional amendment or a future court ruling would be necessary to change the current interpretation of the 14th Amendment.