Supreme Court Upholds Birthright Citizenship

On June 30, 2026, the Supreme Court ruled in Trump v. Barbara that the 14^th Amendment guarantees citizenship to every child born on U.S. soil, regardless of the immigration status of that child’s parents. In a 6-3 decision authored by Chief Justice Roberts, the Court struck down Executive Order 14160, which had sought to deny citizenship to children born to parents who were undocumented or only temporarily present in the United States.

The ruling resolves more than a year of uncertainty for all nonimmigrant visa holders and individuals who entered the United States without inspection, and employers who sponsor foreign national talent. For background on how the case reached the Supreme Court, see our previous alert, on Trump v. CASA. With the merits question now decided, anyone in the United States on a temporary visa and any one present without inspection now knows that their children born on U.S. soil are and will continue to be U.S. citizens.