On June 30, 2026, the Supreme Court upheld the principle of birthright citizenship, stating that children born in the U.S. to parents who are unlawfully or temporarily present are citizens at birth under the Fourteenth Amendment.
Chief Justice John Roberts, along with Justices Amy Coney Barrett, Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson, formed the majority opinion, emphasizing that the citizenship clause applies to these individuals. In contrast, Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented.
The ruling came after Trump's executive order, which sought to deny citizenship to children born to undocumented immigrants, was blocked by lower courts for violating constitutional principles. If the order had been upheld, it would have affected tens of thousands of births each month, leaving many without citizenship.
This ruling reinforces the longstanding constitutional right and has implications for immigration policy and the rights of children born in the U.S