United States Supreme Court Reaffirms Birthright Citizenship Under the Fourth Amendment

On June 30, 2026, the US Supreme Court issued its decision in Trump v. Barbara,[1] reaffirming that children born in the United States are citizens at birth under the Citizenship Clause of the Fourteenth Amendment, regardless of whether their parents are unlawfully present in the United States or are present on a temporary basis.  

Background

On January 20, 2025, President Trump issued Executive Order 14160, titled Protecting the Meaning and Value of American Citizenship.[2] The Executive Order provided that children born in the United States would not be recognized as US citizens if:

• Their mother was unlawfully present in the United States at the time of birth, and the father was neither a US citizen nor lawful permanent resident; or
• Their mother was lawfully but temporarily present in the United States and the father was neither a US citizen nor lawful permanent resident.

The Court's Decision

The Supreme Court held that the Citizenship Clause of the Fourteenth Amendment guarantees US citizenship to children born in the United States regardless of whether their parents are unlawfully present in the country or present on a temporary basis. The Court rejected the Executive Order's interpretation that such children are not “subject to the jurisdiction” of the United States, concluding instead that they are subject to US law and therefore qualify for citizenship at birth.

In reaching that conclusion, the Court relied on the text, history, and longstanding interpretation of the Fourteenth Amendment. The Court noted that prior laws and court rulings solidified the Fourteenth Amendment’s meaning. Persons born in the United States are citizens of the United States, subject only to four narrow exceptions relating to foreign diplomats and similarly situated individuals—exceptions whose scope cannot be expanded. Birthright citizenship remains untethered to any domicile requirements or tests of allegiance.

While the decision is officially a 6-3 ruling, Justice Kavanaugh's concurrence suggests that the Court’s thinking on birthright citizenship may have been closer to a 5-4 vote. Although he agreed that the Executive Order could not take effect, Justice Kavanaugh concluded that it conflicted with existing federal immigration law[3] rather than the Fourteenth Amendment itself. He adds, “If Congress amends §1401(a) or otherwise enacts a statute creating new exceptions along the lines of the Executive Order for children born to foreign citizens unlawfully or temporarily in the country, such a statute, as I see it, would pass constitutional muster.” Justice Kavanaugh’s concurring opinion echoes loudest in what it does not say—that the Fourteenth Amendment is clear, unquestionable and binding on all branches of government.

In refusing to sign on to the majority opinion, Justice Kavanaugh left open the possibility that Congress could enact legislation altering the scope of birthright citizenship, signaling that the Court's long-term treatment of the issue remains unsettled.

For now, life goes on for all those born in the United States. The US government will continue to issue passports and other related documentation that acknowledges US citizenship to children born in the United States whose birth parents are undocumented or are documented with classifications such as F-1 student, H-1B specialty occupation, L-1 intracompany transferee, or O-1 extraordinary ability workers. This opinion likewise will not impact any of the other immigration policies the Trump administration has implemented since taking office in January of 2025.  

Those seeking to enter the United States on a temporary basis to visit, attend school, or work should document the temporary nature of their stay, as the immigration officers will undoubtably interview those seeking admission to the United States and prolong that visit by way of the birth of a child or possible sponsorship in light of the narrow majority that reaffirmed birthright citizenship

Conclusion

The Supreme Court's decision in Trump v. Barbara confirms that the Citizenship Clause of the Fourteenth Amendment protects birthright citizenship for children born in the United States, regardless of their parents' immigration status. The ruling preserves more than a century of precedent and forecloses implementation of Executive Order 14160's proposed limitations on birthright citizenship. The door has been left open for subsequent legislative or executive bastions to change how America designates her citizens.

We continue to recommend, as we did in an Alert that was published soon after the Executive Order on this issue was signed, that foreign nationals who give birth to children in the US secure their children’s US citizenship status by applying for a US passport soon after birth.  People with questions regarding the impact of this decision on the status of themselves, their loved ones’ or their employees’ immigration status, citizenship, or related matters, should contact an attorney in Butzel's Immigration Group for additional guidance.

Reginald Pacis
313.983.6929
pacis@butzel.com

Linda Armstrong
313.983.7476
armstrong@butzel.com

Natalia Grasso
313.983.7436
grasson@butzel.com

Maria Gustitus
313.225.5325
gustitus@butzel.com

[1] No. 25-365, 2026 U.S. LEXIS 2885 (U.S. June 30, 2026).

[2] Executive Order 14,160, Protecting the Meaning and Value of American Citizenship, 90 Fed. Reg. 8449 (Jan. 20, 2025).

[3] 8 U.S.C. § 1401(a).