Gov. Greg Abbott blasted the U.S. Supreme Court's decision to preserve birthright citizenship on Tuesday, calling it "a missed opportunity" after the justices rejected President Donald Trump's effort to end the long-standing constitutional guarantee.
On social media, the governor argued birthright citizenship has become "a powerful magnet for illegal immigration," and called automatic citizenship for children born to noncitizen parents "an absurdity that was never contemplated by our Constitution nor agreed to by the American people."
"Congress must clarify that American citizenship means something," Abbott posted. "The American people and the sovereignty of our nation deserve nothing less."
Abbott was joined by U.S. Sen. Ted Cruz, who called the ruling "a travesty."
The court's highly-anticipated 6-3 ruling preserves a constitutional guarantee that has existed for more than a century. It also carries particular significance in Texas, which is home to the nation's second largest immigrant population.
As of 2023, Texas was home to about 750,000 birthright citizen children under age 17 with noncitizen parents, according to The Urban Institute's Children of Immigrants Data Tool, which uses U.S. Census data. That's nearly 16% of the 4.7 million children in the same category throughout the U.S.
Tuesday's ruling ensures future children born in Texas under similar circumstances will continue to receive automatic U.S. citizenship at birth.
The road to the Supreme Court
On Trump's first day back in office in 2025, he signed an executive order directing federal agencies not to recognize automatic citizenship for children born after the order took effect.
Those children would no longer automatically become U.S. citizens under Trump's order if their mother was in the country without legal status. It also applied to mothers in the U.S. temporarily — such as on a student, work or tourist visa — and children whose father was neither a U.S. citizen nor a lawful permanent resident.
Trump's move prompted an immediate wave of lawsuits from Democratic-led states and civil rights organizations like the ACLU. They argued the order violated the 14th Amendment's Citizenship Clause, which says anyone born or naturalized in the United States and "subject to the jurisdiction thereof" is a U.S. citizen.
Texas did not join the states challenging the executive order.
The Trump administration argued the amendment has never guaranteed citizenship to everyone born on U.S. soil, contending that children covered by the executive order aren't "subject to the jurisdiction" of the country.
The U.S. Supreme Court, which initially heard arguments in the case back in April, ultimately rejected the Trump administration's view with its Tuesday decision.
Advocates praise the decision
The American Civil Liberties Union, one of the groups that sued to block the order, called the ruling a victory for the Constitution.
"The court's decision reaffirms a fundamental American promise — if you are born here, you are a citizen," said Cecillia Wang, legal director of the ACLU.
The Texas Civil Rights Project also welcomed the decision, along with Juan Proaño, CEO of the League of United Latin American Citizens, who said the ruling spared families from what LUCLAC believes would have been widespread confusion and fear.
"It would create a class of stateless children born in the United States, but not a citizen of the United States," Proaño said. He added families may have avoided hospitals to give birth "out of an abundance of concern given the legal jeopardy that it would actually create for them and for their children."
Advocates and immigration attorneys on Tuesday said the ruling likely closes the door on future attempts to restrict birthright citizenship through executive action or federal legislation. They said the remaining path could involve a constitutional amendment, an outcome they described as unlikely.
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