Supreme Court Upholds Birthright Citizenship

On June 30, 2026, the U.S. Supreme Court upheld birthright citizenship and rejected President Trump's executive order seeking to limit citizenship for certain children born in the United States. The executive order would have denied U.S. citizenship to children born in the United States if their parents were unlawfully present or temporarily present in the country.

Relying on the Fourteenth Amendment, the Court held 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 U.S. citizens at birth. This decision preserves the long-standing interpretation of birthright citizenship in the United States.

With limited exceptions, such as children of foreign diplomats, children born on U.S. soil continue to be recognized as U.S. citizens at birth.