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Republicans divided on birthright citizenship ruling

Washington Examiner Published Jun 30, 2026 Reviewed Jul 3, 2026 ✓ Reviewed by citations.press editors
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President Donald Trump’s executive order specified that children born to parents both in the country illegally or on a temporary visa would not be granted citizenship.
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House Speaker Mike Johnson expressed disappointment in the Supreme Court’s decision on birthright citizenship.
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Sen. Mike Lee stated that the fight for a constitutional amendment begins now.
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Rep. Chip Roy called for immediate congressional action to define 'subject to the jurisdiction thereof' and cease funding for birth tourism.
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The Supreme Court ruled 6-3 to strike down President Donald Trump’s executive order on birthright citizenship.
6 justices · justices voting to strike down the executive order3 justices · justices dissenting
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Sen. Rick Scott emphasized the need to close 'EVERY. SINGLE. LOOPHOLE' in the immigration system to prevent exploitation by illegal aliens.
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Rep. Mike Lawler stated that changing birthright citizenship would require a constitutional amendment and the overwhelming majority of Americans making that decision.
at least 1 · amendment ratification threshold
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Congressional Republicans were divided over the Supreme Court’s Tuesday decision to strike down an executive order seeking to limit birthright citizenship under the 14th Amendment.

While many Republicans called for congressional action in response to the ruling, other Republicans celebrated the decision as “well-reasoned.”

“This decision affirms that anyone born in the United States is in fact a citizen of our country,” Rep. Mike Lawler (R-NY), who represents a swing seat, wrote on X. “While some will disagree with this decision, it was well-reasoned and thought out on an issue that has been debated for decades.”

If Congress and the American people seek to change it, it will require a constitutional amendment and the overwhelming majority of Americans making that decision,” he continued.

Justice Brett Kavanaugh, who ruled with the majority but authored a partial dissent, wrote that he did not believe the executive order violated the 14th Amendment but instead federal law.

“Congress could … enact new legislation establishing exceptions to birthright citizenship for children born to foreign citizens unlawfully or temporarily in the country. But Congress has not yet done so,” he wrote.

Others slammed the ruling and called for immediate legislative action.

Congress should act immediately,” Rep Chip Roy (R-TX) wrote on X. “Define subject to the jurisdiction thereof as it should… and provide no funding for this unconstitutional birth tourism undermining our national security (i.e. hold all documents and servicing of illegal alien children born to non-citizen parents).”

Some Senate Republicans also echoed this sentiment.

The long fight for a constitutional amendment begins now,” Sen. Mike Lee (R-UT) wrote on X. “We must explicitly exclude foreign nationals who break our laws, violate our borders, or exploit loopholes to make their families American citizens.”

“The Supreme Court has made its decision, now Congress needs to respond,” Sen. Rick Scott (R-FL) wrote. “We need to make sure illegal aliens don’t come into our country and EXPLOIT our immigration system. That means closing EVERY. SINGLE. LOOPHOLE.

House GOP leadership also slammed the decision in a snap reaction as it dropped. 

I will say I’m very disappointed in that outcome,” House Speaker Mike Johnson (R-LA) told reporters Tuesday morning just minutes after the decision dropped. “I think it suggests the country’s serious challenges going forward, and we’ll deal with it.”

The Supreme Court ruled 6-3 to strike down President Donald Trump’s executive order, with five of those justices also defining birthright citizenship under the Constitution to include the children of parents who are in the country illegally or temporarily. 

Trump’s birthright citizenship executive order stated that a child born on U.S. soil to one parent who is a U.S. citizen or permanent resident would still have been granted citizenship at birth, but children born to parents who are both either in the country illegally or on a temporary basis, such as a visa, would not have been granted citizenship.

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