by Allan Wall, Border Hawk, ©2026
(Jul. 6, 2026) — The Supreme Court of the United States (SCOTUS) released its long-awaited decision on automatic birthright citizenship in Trump v. Barbara on June 30, 2026.
Jus soli (“right of the soil”) stems from interpretation of the Citizenship Clause of the Fourteenth Amendment, adopted in 1868.
On his first day back in office, President Trump signed Executive Order 14160, which stipulated that a newborn baby can only become a U.S. citizen if one of his/her parents is a citizen or lawful permanent resident, excluding babies born to temporary residents and illegal aliens.
SCOTUS struck down that executive order last week, effectively signaling to the rest of the globe, “Hey, America is still the Chump of the World.”
Mexican media immediately reported on the ruling, as they pay close attention to U.S. immigration and nationality policies.
Under current policy, now affirmed by SCOTUS, a female illegal alien can cross the border and give birth to a child five minutes later. That baby is entitled to U.S. citizenship, with the eventual right to vote and bring in relatives.
There’s also “birth tourism,” in which a pregnant foreigner travels to the U.S., has her baby, then returns to her home country to raise the new little American.
Decades later, that child can return and claim all the benefits of U.S. citizenship: voting, serving on a jury, bringing in relatives, or running for office.
Spies, communists, terrorists, criminals — no problem. They can easily infiltrate the U.S. if they are American citizens. They are all welcome under our current policy.
It’s a demographic disaster and national security nightmare.
To be fair, the SCOTUS justices didn’t all favor automatic birthright citizenship.
On the actual issue of birthright citizenship, the ruling was five to four.
Chief Justice John Roberts, Amy Coney Barrett, Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson all voted to uphold birthright citizenship.
However, Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch voted to approve Trump’s executive order.
Brett Kavanaugh voted to reject the EO, not on the basis of the Fourteenth Amendment, like the majority, but on the basis of a particular statute, which he says could be changed.
Consider that a few decades ago, almost nobody in the political/media world was talking about this. So we are making progress.
Click here to read the court’s opinions and dissents. I went through it all – it is very interesting.
In the main decision, Chief Justice Roberts simply states that we have always had this policy, that throughout American history anybody born on U.S. soil is a citizen and that’s how it should be.
The main dissent, however, came from the great Clarence Thomas, who demolished the majority’s claim in 91 pages of writing.
Thomas demonstrates, with ample documentation, that in the 19th century, the real issue was “domicile” — permanent residency.
Thomas shows that babies born to temporary residents were not considered citizens according to the policy. He even includes quotations from the framers of the Fourteenth Amendment, showing it was not their intention.
Where did things go wrong? Thomas blames the FDR administration in the 1940s.
As technology has advanced, the policy is even more disastrous. In the 21st century, international travel is much easier and cheaper than in the 19th century.
Automatic birthright citizenship leaves us helpless against world colonization.
What can be done?
We need to continue cracking down on immigration. We ought to ban dual citizenship.
Why not consider banning pregnant women from visiting the United States?
But the main solution is to amend the U.S. Constitution.
We need a new amendment that clearly eliminates automatic birthright citizenship.
The domicile argument might have worked in the past, but the new amendment should stipulate that unless a child has at least one citizen parent, the baby isn’t a citizen.
Impossible? How do we know unless we try?
Besides, what other choice do we have?
The current policy must be reformed by constitutional amendment, for the good of our nation and our posterity.
You can find more of Allan Wall’s work at his website and Mexico News Report.