wrote in his dissent.<\/a><\/p>\nThe 14th Amendment \u201cdictates who must be a citizen, but it does not address who may be a citizen by Act of Congress,\u201d he argued.<\/p>\n
Justice Brett Kavanaugh \u2014 one of Trump\u2019s three appointees to the high court \u2014 joined the majority\u2019s decision to strike down Trump\u2019s executive order, but he said Congress could amend federal law or enact new legislation \u201cestablishing exceptions to birthright citizenship for children born to foreign citizens unlawfully or temporarily in the country.\u201d<\/p>\n
That probably isn\u2019t going to happen, and it will likely face the same constitutional roadblocks at the center of Trump\u2019s birthright citizenship case, according to lawyers who challenged Trump\u2019s executive order.<\/p>\n
Legislation would need support from at least seven Democrats to reach a 60-vote threshold needed to overcome the filibuster, and a constitutional amendment would require a two-thirds majority vote from both chambers, along with ratification from the states. <\/p>\n
\u201cThat is not a serious concern,\u201d Taryn Wilgus Null, senior director of Democracy Defenders Fund, told reporters Tuesday.<\/p>\n
\u201cHe doesn\u2019t understand how this works or how the constitution works,\u201d she said. \u201cThe Supreme Court held that the executive order violates the Constitution \u2026 The only way the Constitution can be changed is a Constitutional amendment.\u201d<\/p>\n
Cody Wofsy, deputy director of the ACLU\u2019s Immigrant\u2019s Rights Project, said there is \u201cno space for equivocation\u201d in the majority\u2019s decision.<\/p>\n
\u201cAt the end of the day, a dissenting opinion is a dissenting opinion,\u201d he said. \u201cThe majority of the court has reaffirmed what the 14th Amendment says.\u201d<\/p>\n
Still, Republican lawmakers are giving it a shot. Senator Rand Paul introduced a constitutional amendment in April that would rewrite the 14th Amendment to limit citizenship eligibility to only certain newborns.<\/p>\n
![\"Legal](\"https:\/\/www.newsbeep.com\/ca\/wp-content\/uploads\/2026\/07\/2214578303...jpeg\")
Legal experts say it is extremely unlikely that Congress will pass a constitutional amendment to strip automatic citizenship to babies born in the US, and any law that attempts to redefine the 14th Amendment will face the same roadblocks as Trump (AFP\/Getty)<\/p>\n
Trump and administration officials have repeatedly claimed that thousands of pregnant women travel to the U.S. within the final days of their pregnancy every year to ensure their newborn child gets American citizenship.<\/p>\n
In 2020, the Trump administration gave the State Department discretion to deny tourism visas to an applicant who is believed to \u201ctravel for this primary purpose.\u201d<\/p>\n
Still, administration officials contend there is a massive industry sending pregnant women to the U.S., despite the immense hurdles pregnant travelers face when trying to get into the country. Getting a visa to enter the U.S. \u201cis difficult for everyone, not just pregnant women,\u201d according to Aarti Kohli, executive director of the Asian Law Caucus.<\/p>\n
During April\u2019s oral arguments in the birthright citizenship case, the government\u2019s top attorney claimed as many as 1.5 million Chinese nationals with U.S. citizenship obtained legal status through a \u201cbirth tourism\u201d industry.<\/p>\n
He said billions of people are \u201cone plane ride away from having a child who\u2019s a U.S. citizen.\u201d<\/p>\n
That same month, Trump\u2019s border czar Tom Homan claimed \u201chundreds of thousands of Chinese nationals and Russian nationals\u201d have U.S. citizen children through \u201cbirth tourism,\u201d which he called a \u201csignificant national security threat.\u201d<\/p>\n
In the weeks leading up to Tuesday\u2019s decision, Trump raged against \u201cChinese billionaires\u201d he claimed were taking advantage of a constitutional amendment that he said was intended to protect \u201cbabies of slaves.\u201d<\/p>\n
The Department of Justice responded to the Supreme Court\u2019s decision with a threat to target \u201cbirth tourism schemes.\u201d<\/p>\n
\u201cBirth tourism schemes exploit our immigration laws and often violate our criminal laws,\u201d the Justice Department said in a statement .<\/p>\n
\u201cThe Department of Justice will prioritize the prosecutions of birth tourism schemes across the country,\u201d the department added. \u201cActors seeking to exploit loopholes to obtain automatic citizenship for their children pose a national security threat and will be brought to justice.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"Your support helps us to tell the story From reproductive rights to climate change to Big Tech, The…\n","protected":false},"author":2,"featured_media":772909,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[237339,43,44,41,39,42,40],"class_list":["post-772908","post","type-post","status-publish","format-standard","has-post-thumbnail","category-headlines","tag-domestic-politics","tag-headlines","tag-news","tag-top-news","tag-top-stories","tag-topnews","tag-topstories"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts\/772908","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/comments?post=772908"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts\/772908\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/media\/772909"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/media?parent=772908"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/categories?post=772908"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/tags?post=772908"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
![\"Donald](\"https:\/\/www.newsbeep.com\/ca\/wp-content\/uploads\/2026\/07\/2026-06-29T194623Z_1112532021_RC2V3MA4RRUP_RTRMADP_3_USA-TRUMP.JPG\")
Donald Trump reacted to the Supreme Court\u2019s decision striking down his executive order on birthright citizenship by calling on Congress to make his order law and then mockingly thanked China\u2019s President Xi Jinping (Reuters)<\/p>\n