Trump Refuses To Let Birthright Citizenship Fight End

Donald Trump says he will “immediately” ask the Supreme Court to rehear the birthright citizenship case, calling the ruling a “miscarriage of justice.” 

In a Truth Social post on Wednesday, the president wrote, “I will be asking for a Rehearing by the United States Supreme Court, IMMEDIATELY. This miscarriage of justice will destroy America if they don’t change their absolutely insane decision.”

The Supreme Court ruled in June that children born in the United States are subject to its jurisdiction and are citizens at birth. “Citizenship, then and now, was the right to have rights — to freely participate in our political community. The Framers of the Fourteenth Amendment extended that promise to ‘every free-born person in this land,’” Chief Justice John Roberts wrote for the majority. “We keep that promise today.”

Trump’s executive order, signed on January 20, 2025, aimed to eliminate immediate birthright citizenship for children whose parents are illegal immigrants or who are living in the U.S. on temporary visas. The Supreme Court ruled that birthright citizenship is protected by the 14th Amendment.

Trump’s post followed viral images of a billboard near the border advertising “birth packages in South Texas,” which directed viewers to the website “havemybabyinTEXAS.com.”

“Signs and Billboards are being put up all over our Southern Border, and Mexico, advertising BIRTHRIGHT CITIZENSHIP, with ‘Deliveries starting at $4000,’” Trump said. “Billions of Dollars will be illegally made by this SCAM, with Citizenship going to anyone willing to pay.”

The law also permits the entire families of these citizens into the nation, something Trump asserted is “not sustainable.” 

The Supreme Court has not granted a rehearing in an argued case since 1965. It has reversed itself on rehearing only once, in a 1957 case over the court-martial of two American civilians overseas.

Trump’s move is a long shot, but many on the Right argue it’s necessary to advance the President’s immigration agenda. D. John Sauer, the 49th Solicitor General of the United States, said that “no one knows for sure” how rampant birth tourism is. The Center for Immigration Studies said that there are 20,000 to 26,000 births by women on tourist visas annually.