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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 citizens at birth under the Fourteenth Amendment's Citizenship Clause. Three justices dissented, with Justice Samuel Alito writing separately.
The decision squarely rejected the executive order issued on the first day of the current term, which had sought to bar citizenship for children born in the United States to parents who either entered the country unlawfully or are present on temporary visas. That order never took effect, because every lower court to review it had blocked it.
In reaching its decision, the Court relied on its 1898 decision in United States v. Wong Kim Ark, which established that children born in the United States to noncitizen parents are citizens, subject to narrow exceptions such as the children of accredited foreign diplomats. The Court reaffirmed that this understanding has been settled for well over a century and was codified by Congress.
What this means for you
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Children born in the United States remain U.S. citizens at birth. A U.S. birth certificate continues to serve as proof of citizenship, and no additional parental-status verification is required as a result of the now-invalidated order.
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No change to documentation practices. Families should continue to obtain U.S. birth certificates and, where appropriate, U.S. passports and Social Security numbers for U.S.-born children in the ordinary course. The contemplated federal process for screening parents' status before recognizing a child's citizenship will not go into effect under this order.
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Clients with children born during the period the order was contested should not encounter citizenship-recognition problems as a result of the order; if you have experienced any agency delay or denial tied to the order, please contact us.
What comes next
While the constitutional question is now settled by the Court, the administration has signaled that it will seek to change birthright citizenship through legislation in Congress rather than by executive action or constitutional amendment. Any such effort would face significant constitutional hurdles given this ruling, but we are monitoring developments closely and will advise clients if legislative proposals gain traction that could affect future filings or planning.
How we can help
If you have questions about how this decision affects your family, your employees, or your organization's workforce, or if you encountered any citizenship-documentation issues while the executive order was being litigated, please reach out to Moore & Van Allen to discuss your specific circumstances.
These developments underscore the ongoing impact of U.S. immigration policy, with the potential for significant legal and economic ramifications for affected communities. Moore & Van Allen is closely monitoring these developments as they unfold.
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