US Supreme Court struck down Trump’s birthright citizenship order

On 30 June 2026, the Supreme Court of the United States ruled that an executive order issued by Donald Trump seeking to end birthright citizenship was unconstitutional.

• The Court reaffirmed that children born in the United States are US citizens under the 14th Amendment, irrespective of whether their parents are in the country illegally or temporarily.
• The judgment is considered a major judicial setback to the Trump administration’s immigration agenda and reaffirms a constitutional principle that has existed for over 150 years.

Birthright Citizenship (Jus Soli)

• Birthright citizenship is the principle that a person acquires citizenship by virtue of being born within a country’s territory.
• It is based on the doctrine of jus soli (“right of the soil“), under which citizenship is determined by place of birth, rather than the nationality of parents (jus sanguinis).

14th Amendment of the US Constitution

• Ratified in 1868 after the American Civil War, the Fourteenth Amendment states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States…”
  
• The Amendment was enacted primarily to ensure citizenship rights for formerly enslaved people.

Exceptions to Birthright Citizenship in the US

• Birthright citizenship does not apply to: Children of foreign diplomats accredited to the United States, and children of enemy forces present during hostile occupation of US territory.

Trump’s Executive Order

• Soon after beginning his second presidential term, President Trump signed an executive order denying citizenship to children born in the US if their parents were in the country illegally, or present temporarily (such as on certain visas).
• The administration argued that such children were not “subject to the jurisdiction” of the United States within the meaning of the Fourteenth Amendment.
• The US Supreme Court rejected this interpretation, holding that the executive order violated the Constitution.

Birthright Citizenship in India

• Constitutional Provision: Article 5 of the Constitution of India dealt with citizenship at the commencement of the Constitution (26 January 1950).
• Citizenship Act, 1955:
  • Initially, Section 3 of the Citizenship Act, 1955 granted citizenship by birth to every person born in India on or after 26 January 1950, except: children of foreign diplomats and children of an enemy alien born in territory under enemy occupation.
• 1986 Amendment in the Citizenship Act:
  • The Citizenship (Amendment) Act, 1986 restricted birthright citizenship.
  • A child born in India after the amendment would be a citizen only if at least one parent was an Indian citizen.
• 2003 Amendment in the Citizenship Act:
  • The Citizenship (Amendment) Act, 2003 further tightened the law.
  • A child born in India is a citizen by birth only if both parents are Indian citizens, or one parent is an Indian citizen and the other is not an illegal migrant.

India’s Position

• India does not follow unconditional jus soli.
• The present citizenship regime is based on a qualified form of citizenship by birth, combining elements of jus soli (birth in India) and jus sanguinis (citizenship through parentage).

Source: IE

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