Republican House Speaker Mike Johnson (LA-04) indicated GOP lawmakers will seek to enshrine President Donald Trump’s executive order limiting birthright citizenship after the Supreme Court struck it down last week.
During an appearance on Fox News Sunday, host Shannon Bream brought up the Supreme Court’s decision and Trump’s response in which he pushed for a legislative fix. “What say you about how this gets done if there's a change to be made?” she asked.
“Well, I used to litigate constitutional law cases, so I really enjoyed Justice Clarence Thomas's dissent,” Johnson replied. “...He explained that the 14th Amendment, the original intent was to enhance and really value citizenship, and it's been devalued because of birthright tourism, which is what we have now. It's a threat to the rule of law and national security. We do need to address it. We're looking at all angles. If there's some legislative fix, we'll advance that immediately. If it's a constitutional amendment, as you know, it takes a little more time. But we've got to address this.”
“Birth tourism” makes a mockery of our constitutional order, threatens our national security, and devalues citizenship.
— Speaker Mike Johnson (@SpeakerJohnson) July 5, 2026
We are evaluating all our options to address the crisis following the Supreme Court’s errant opinion. pic.twitter.com/6h7zyWvza0
President Trump signed the order shortly after taking office last year. The order said the government would not issue citizenship papers to children born in the United States if the mother came to the country illegally and if the father is not a U.S. citizen or lawful permanent resident.
Supporters argued that the order would stop people from abusing the 14th Amendment and reduce incentives for people to enter the country illegally.
Reaction on Capitol Hill was swift after the Supreme Court's decision to uphold birthright citizenship. Democrats hailed the decision, while Republicans say it will lead to more illegal migrants coming to U.S. shores. Capitol Hill Correspondent @ErikRosalesNews reports. pic.twitter.com/8E5sHg17Qv
— EWTN News Nightly (@EWTNNewsNightly) June 30, 2026
The Supreme Court struck down the order last week in a 6-3 decision. Chief Justice John Roberts wrote the opinion explaining that children born on American soil to parents who are unlawfully or temporarily present “satisfy both elements of the Citizenship Clause” and “are citizens at birth” under the 14th Amendment.
The ruling was not unexpected. Congressional Republicans said they will continue to fight against birthright citizenship through new legislation or a constitutional amendment. Sen. Eric Schmitt (R-MO) announced that he is filing a bill that would alter the law defining citizenship.