President Donald Trump announced on Wednesday that he will ask the Supreme Court to rehear the case in which it ruled against his executive order restricting birthright citizenship, calling the decision a 'miscarriage of justice.'
In a post on Truth Social, Trump vowed to act immediately: “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.”
Background
On June 30, 2026, the Supreme Court struck down President Trump’s executive order that sought to limit automatic U.S. citizenship for children born on American soil to non-citizen parents (including those present unlawfully or on temporary visas). The ruling reaffirmed the long-standing interpretation of the 14th Amendment’s Citizenship Clause.
Chances of Rehearing
Requests for rehearing after a case has been fully argued and decided are extremely rare. According to reports, the Supreme Court has not granted such a request since 1965, making success highly unlikely.
What This Means for Immigrants Right Now
- Birthright citizenship remains in effect. Children born in the United States continue to acquire U.S. citizenship regardless of their parents’ immigration status.
- The executive order is blocked and not being enforced.
- The issue stays politically active, and future attempts to change the rules through legislation (rather than executive action) remain possible.
Factum Immigration will continue to monitor developments closely. If you have questions about how these rulings may affect your visa applications, green card process, naturalization, or family planning, our team is here to provide personalized guidance.
This article is based on aggregated reporting from SCOTUSblog, CNBC, and other sources. It is for informational purposes only and does not constitute legal advice.