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SCOTUS strikes down citizenship law, divisive on Capitol Hill

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Members of parliament on Capitol Hill were divided between the Supreme Court's decision to reject President Donald Trump's request to end the birthright, which means that children born in America are respected as American citizens.

“It's a terrible decision,” Rep. Byron Donalds, R-Fla., told Fox News Digital.

“Control people before they come in – about not coming here to get a baby and then leave,” said Rep. Ro Khanna, D-Calif.,

“According to the immigration process, there must be a law. Not that if you are born here, we will eliminate you naturally,” he continued.

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Rep. Ro Khanna, US Supreme Court Justice and attorney Byron Donalds responded after the high court rejected President Donald Trump's request to end his birthright as a citizen. (Shannon Finney/NBC via Getty Images; Li Rui/Xinhua via Getty Images; Nathan Posner/Anadolu via Getty Images)

The case, which has left many Republicans and Democrats divided, challenged Trump's order to violate birthright citizenship in the 14th Amendment. Most Democrats Fox News Digital spoke to said that if the decision had gone the other way, it would have been deemed unconstitutional.

“I think they got it right,” said Rep. Christian Menefee, D-Texas. “The Supreme Court said the Constitution says what it says. That if anybody has a question about what the 14th Amendment says, I think it's a shame. So I'm glad they got it right.”

TRUMP IS DEFEATED IN SUPREME COURT AS JUSTICE OVERBIRTH CITIZENSHIP

Christian Menefee

Rep. Christian Menefee (D-TX) speaks on stage during DJ Michael 5000 Watts King's Day at the 34th Bell Tower on February 16, 2026 in Houston, Texas. Watts died on January 30, 2026 at the age of 52. (Marcus Ingram/Getty Images)

“I believe in the Constitution,” said Rep. James Clyburn, DC, when asked about this decision.

“The Constitution is the Constitution. If you don't like the Constitution, you can try to change it,” said Rep. Seth Magaziner, DR.I.,. “But honestly, I think we have bigger problems as a country than Americans trying to live their lives as birthright citizens.”

The 6-3 decision marks a major setback for Trump's immigration agenda as he has criticized birthright citizenship as a “magnet for illegal immigration.”

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“I think the president is passionate about immigrants,” said Rep. Sarah Elfreth, D-Md.. “He's determined to make it as uncomfortable as possible. We've seen that over and over again with ICE, we've seen this with attacks on the 14th Amendment.”

Justice Clarence Thomas, Justice Neil Gorsuch and Justice Samuel Alito were the three dissenters – arguing that the 14th amendment does not guarantee citizenship by birth to all children born to parents who are illegal and temporarily in the country. Alito noted that the decision fails to recognize the rise of “birth tourism,” the idea that people from other countries come to America to give birth, which could open the door to threats to national security.

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Rep. Ilhan Omar, D-Minn., and Rep. Maxine Waters, D-Calif., declined to comment on Fox News Digital's decision.

“The American people should be happy, because the Constitution says more than one opinion,” said Rep. Bennie Thompson, D-Miss.,.

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