Birthright Citizenship in the U.S.: The Supreme Court Decides to Keep It

Quick answer: On June 30, 2026, the Supreme Court of the United States ruled, by a vote of 6 to 3 in the case Trump v. Barbara, that birthright citizenship remains in effect. The Court struck down Executive Order 14160 and confirmed that every child born on U.S. soil is a citizen at birth, even if their parents are in the country without status or with a temporary status.

What did the Supreme Court decide about birthright citizenship?

The Supreme Court of the United States decided to keep birthright citizenship. In its ruling of June 30, 2026, in the case Trump v. Barbara (No. 25-365), the Court held that children born in the United States to parents who are unlawfully or temporarily present in the country are “subject to the jurisdiction” of the United States and are therefore citizens from the moment they are born.

With this decision, the Court invalidated Executive Order 14160, signed on January 20, 2025, which sought to deny citizenship to certain children born in the country. The ruling confirms what has been the understanding of the 14th Amendment of the Constitution for more than 100 years.

What is birthright citizenship?

Birthright citizenship is the principle that every person born in the territory of the United States is a U.S. citizen, regardless of the immigration status of their parents. This principle comes from the 14th Amendment of the Constitution, which states:

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

This right has roots going back more than a century and was confirmed by the Supreme Court in 1898, in the historic case United States v. Wong Kim Ark.

What did Executive Order 14160 say?

Executive Order 14160, titled “Protecting the Meaning and Value of American Citizenship,” was signed on January 20, 2025. The order sought to deny citizenship to children born in the United States in two situations:

• When the mother was unlawfully present in the country and the father was not a citizen or lawful permanent resident at the time of birth.
• When the mother’s presence in the country was lawful but temporary (for example, as a tourist or student) and the father was not a citizen or lawful permanent resident.

Several parents filed suit, some on behalf of their children, arguing that the order violated the 14th Amendment. A district court agreed and blocked enforcement of the order nationwide. The case went directly to the Supreme Court.

How did the Court vote, and who took part?

The decision was 6 votes in favor of keeping birthright citizenship and 3 against.

The opinion of the Court was written by Chief Justice John Roberts, joined by Justices Sotomayor, Kagan, Barrett, and Jackson. Justice Kavanaugh agreed with the result. Justices Thomas, Gorsuch, and Alito filed dissenting opinions.

What was the decision based on?

The Court explained that the phrase “subject to the jurisdiction thereof” in the 14th Amendment refers to the country’s power to govern those who are within its territory. A person who travels to the United States, whether for business, tourism, or any other reason, is subject to the country’s laws while here. For that reason, their children born on U.S. soil are citizens.

The Court noted that this understanding predates the 14th Amendment and that the amendment was written to confirm it, not to limit it. It also pointed out that the 1898 precedent, Wong Kim Ark, had already established that the 14th Amendment recognizes birthright citizenship for nearly everyone born in the country, with very few exceptions, such as the children of foreign diplomats.

The Court rejected the argument that citizenship should depend on the parents having a legal domicile in the country, explaining that words like “mother,” “father,” “lawful,” and “temporary,” which appear in the executive order, are not in the text of the Constitution.

Who exactly does this decision protect?

This decision confirms that children born in the United States are citizens at birth when their parents are in any of these situations:

• Undocumented parents.
• Parents with a temporary status, such as tourists, students, or temporary workers.

The only recognized exceptions, which have existed for more than a century, are very limited cases such as the children of foreign diplomats.

What does this mean for immigrant families?

For many immigrant families, this news brings peace of mind and hope. It means that children born in the United States still have their U.S. citizenship recognized from birth, with all the rights that this entails.

Even so, it is important to remember that immigration laws and policies continue to change, and that every family situation is different. A ruling like this resolves a specific question, but it does not answer every concern a family may have about their own case.

Could this change in the future?

A Supreme Court decision interpreting the Constitution carries great weight and is difficult to reverse. However, the immigration landscape in the United States changes frequently through new laws, policies, and administrative decisions. That is why the best approach is to stay informed through reliable sources and, when it comes to your personal case, to consult with an immigration attorney.

Frequently asked questions about birthright citizenship

Does birthright citizenship still exist in the United States in 2026? Yes. On June 30, 2026, the Supreme Court confirmed that birthright citizenship remains in effect and struck down the executive order that sought to end it.

Is my child born in the U.S. a citizen if I am undocumented? According to the Supreme Court’s ruling, children born on U.S. soil are citizens at birth, even if their parents are in the country without status. Every family situation is different, so it is advisable to review your case with an attorney.

What if I am in the U.S. on a tourist or student visa? The decision confirms that children born in the United States to parents with a temporary status, such as tourists or students, are also citizens at birth.

Which case did the Supreme Court decide? The case is called Trump v. Barbara (No. 25-365) and was decided on June 30, 2026, by a vote of 6 to 3.

What happened to Executive Order 14160? The Court declared it invalid because it contradicted the 14th Amendment of the Constitution.

Does this decision affect the immigration status of the parents? No. The ruling concerns the citizenship of children born in the United States. It does not by itself change the immigration status of the parents. If you have questions about your own case, it is advisable to consult with an immigration attorney.

Do you have questions about how this ruling affects your family?

Every immigration case is different. If you want to understand how this decision or other changes in the law may affect your family, the best step is to review your situation specifically with an attorney.

We invite you to schedule a consultation to review your case and learn about your legal options.