U.S. Supreme Court affirms birthright citizenship for children of unauthorized immigrants

On June 30, 2026, the U.S. Supreme Court issued a 5‑4 ruling in Trump v. Barbara (No. 25‑365) that children born on American soil to parents who are unlawfully present or temporarily visiting are citizens at birth under the Fourteenth Amendment’s Citizenship Clause. The Court struck down key provisions of President Trump’s Executive Order No. 14160, titled “Protecting the Meaning and Value of American Citizenship,” which had sought to deny birthright citizenship to such children.

Chief Justice John Roberts wrote the majority opinion, joined by Justices Sotomayor, Kagan, Barrett, and Jackson. The decision reaffirmed historic precedent such as United States v. Wong Kim Ark and emphasized that “subject to the jurisdiction” means being under U.S. law while on U.S. territory, regardless of parents’ immigration status. Concurring opinions highlighted the amendment’s universalist intent, while dissenting justices argued for a narrower, domicile‑based interpretation.

The ruling upholds a nationwide district‑court injunction that had blocked enforcement of the executive order, confirming that the Citizenship Clause guarantees citizenship to all persons born in the United States who fall under its jurisdiction.