01/07/2026 06:33 - Internacionales
The Supreme Court of the United States ruled on July 1, 2026, that the executive order signed by Donald Trump on his first day in office to eliminate birthright citizenship is unconstitutional. This decision marks a turning point in the Republican administration's immigration policy.
The Fourteenth Amendment to the United States Constitution, ratified in 1868 after the Civil War, states that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
This constitutional principle has been the basis of "jus soli" (right of the soil) in the United States for over 150 years, automatically granting citizenship to all persons born on U.S. territory, regardless of their parents' immigration status.
Despite having a conservative supermajority of 6 justices, the Supreme Court determined that the executive order violated the Constitution. The justices, including those appointed by Trump, remained faithful to the principle of "originalism", a legal doctrine that advocates interpreting the Constitution according to its original meaning.
The Court's most conservative justice, Clarence Thomas, wrote a dissenting opinion arguing about "birth tourism companies" that charge wealthy foreigners large sums to facilitate births in the United States. However, according to a University of Pennsylvania study, less than 0.3% of births correspond to tourists.
The same court recently approved:
Trump announced on Truth Social that he will ask Congress to act:
Ending birthright citizenship has been a fixation of the MAGA movement (Make America Great Again) since its inception. Vice President J.D. Vance went so far as to call it "the stupidest immigration policy in existence."
Trump has argued that it is a "costly and unfair" practice and frequently mentions the concept of "anchor babies", a derogatory term used by immigration critics to refer to children of undocumented immigrants born on U.S. soil.
| Country | Birthright Citizenship |
|---|---|
| 🇺🇸 United States | Jus soli (Constitution protected) |
| 🇨🇦 Canada | Jus soli (unrestricted) |
| 🇲🇽 Mexico | Jus soli (unrestricted) |
| 🇦🇷 Argentina | Jus soli (unrestricted) |
Source: El País
The Supreme Court has temporarily halted one of the pillars of Trump's immigration policy. Although the president will seek a legislative path, the chances of success are remote given the Republicans' narrow margin in Congress and the constitutional requirements to modify this right enshrined nearly 160 years ago.
Alfredo S. Quiroga
