What’s Happening
On June 30, 2026, the U.S. Supreme Court issued its decision in Trump v. Barbara, holding that the Fourteenth Amendment guarantees U.S. citizenship to children born in the United States regardless of whether their parents are present in the United States temporarily (including in nonimmigrant status) or without lawful immigration status.
In this 6-3 decision, the Court struck down President Trump's January 20, 2025 Executive Order 14160, reaffirming more than 125 years of Supreme Court precedent recognizing birthright citizenship under the Citizenship Clause of the Fourteenth Amendment.
What you Need to Know
Background
The Supreme Court affirmed the lower court's decision, holding that Executive Order 14160 violates the Fourteenth Amendment. The Executive Order, which was issued on President Trump's first day in office, sought to limit birthright citizenship for certain children born in the United States. Specifically, the Executive Order provided that U.S. citizenship would not automatically be conferred at birth to:
Children whose mother was unlawfully present in the United States at the time of birth and whose father was neither a U.S. citizen nor a lawful permanent resident; and
Children whose mother was lawfully present in the United States on a temporary basis, including in nonimmigrant classifications such as H-1B, L-1, F-1, TN, O-1, E-2, P, and other temporary visa categories, and whose father was neither a U.S. citizen nor a lawful permanent resident.
The Executive Order never became effective because multiple federal courts enjoined its enforcement shortly after it was issued. The Supreme Court has now held that the Executive Order violates the Fourteenth Amendment and therefore remains permanently unenforceable.
The Supreme Court's Decision
The Supreme 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 within the meaning of the Citizenship Clause of the Fourteenth Amendment and therefore are U.S. citizens at birth.
U.S. citizenship continues to be conferred automatically upon birth to all children born in the United States. Limited exceptions remain, including for children born to certain foreign diplomats included on the Department of State's Blue List, because such children are not considered subject to U.S. jurisdiction for purposes of the Citizenship Clause.
The Supreme Court concluded that neither the text nor the history of the Fourteenth Amendment supports limiting birthright citizenship based on a parent's immigration status or domicile and reaffirmed the longstanding interpretation of the Citizenship Clause.
Practical Impact
The decision preserves the longstanding birthright citizenship framework that has existed in the United States for more than 125 years. As a result:
Children born in the United States continue to acquire U.S. citizenship at birth regardless of whether their parents are present in the United States in a nonimmigrant visa classification, are awaiting adjudication of an immigration benefit, or are without lawful immigration status.
The longstanding, limited exceptions remain unchanged, including children born to certain foreign diplomats who are not subject to U.S. jurisdiction.
Executive Order 14160 remains unenforceable. Any agency guidance or the USCIS Implementation Plan developed in connection with the Executive Order likewise have no legal effect. USCIS will continue to apply the longstanding legal framework governing birthright citizenship.
What This Means Going Forward
The Supreme Court's decision preserves the status quo and individuals born in the U.S. continue to be citizens at birth.
Although Congress could seek to introduce legislation addressing birthright citizenship in the future, no such legislation has been enacted. Any future legislative proposals would likely face significant constitutional challenges. D&S will continue to closely monitor legislative, administrative, and judicial developments related to birthright citizenship and will provide updates should any future changes affect employers or foreign nationals.
This alert is for general informational purposes only and does not constitute legal advice. Please consult D&S immigration counsel regarding your specific circumstances. D&S Senior Associate, Paulina Baginska, assisted with the preparation of this alert.