Recent Developments In U.S. Immigration Policy: Supreme Court Upholds Birthright Citizenship

U.S. Supreme Court Upholds Birthright Citizenship, Striking Down Executive Order

On June 30, 2026, the U.S. Supreme Court ruled that the Fourteenth Amendment guarantees automatic citizenship to virtually all children born on U.S. soil, rejecting the executive order the administration issued at the start of the current term that sought to deny citizenship to certain U.S.-born children. The ruling confirms that birthright citizenship remains the law, and a child born in the United States continues to acquire U.S. citizenship at birth regardless of the parents' immigration status.

What the Court decided

In Trump v. Barbara, No. 25-365, the Court ruled against the administration and upheld the long-standing constitutional rule of birthright citizenship. Chief Justice John Roberts wrote the majority opinion, holding that children born in the United States to parents who are unlawfully or temporarily present are "subject to the jurisdiction" of the United States and are therefore