WASHINGTON (AP) — A divided US Supreme Court on Tuesday upheld a broad conception of birthright citizenship, rejecting President Donald Trump’s executive order declaring that children born to people who are in the United States illegally or temporarily are not American citizens.

By a 6-3 vote, the court struck down Trump’s order. A bare majority of five justices, in an opinion written by Chief Justice John Roberts, held that the long-settled understanding of the 14th Amendment, adopted after the Civil War, makes a citizen of anyone born in the country, with very limited exceptions.

“Citizenship, then and now, was the right to have rights—to freely participate in our political community. The Framers of the Fourteenth Amendment extended that promise to ‘every free-born person in this land,’” Roberts wrote for the court, citing congressional debate over the amendment. “We keep that promise today.”

A sixth justice, Brett Kavanaugh, disagreed about the constitutional ruling, but pointed to a federal law that he said broadly conveys birthright citizenship.

Justices Samuel Alito, Neil Gorsuch and Clarence Thomas would have upheld Trump’s proposed restrictions.

“The Court today takes the extraordinary step of holding facially unconstitutional the President’s Order excluding from citizenship the children of foreign temporary visitors and illegal aliens,” Thomas wrote in a 91-page dissent, more than three times as long as Roberts’ opinion. “In doing so, the Court adds to the sad history of the Fourteenth Amendment, which was designed and understood to secure equal rights for the freed blacks but has instead been repurposed for political projects that the Reconstruction Congress did not support.”

The Republican president’s restrictions had been blocked by several lower courts and had not taken effect anywhere in the US.

During arguments in April, both conservative and liberal justices questioned the order’s legality in a........

© The Times of Israel