Birthright citizenship at the Supreme Court

Status: Decided — Trump v. Barbara (No. 25-365)

Decided June 30, 2026: the Supreme Court struck down Executive Order 14160 by a 6–3 vote and upheld birthright citizenship. A child born in the United States is a U.S. citizen at birth regardless of the parents' immigration status — the rule is unchanged and the executive order is void.

Next step: None — the ruling is final and applies nationwide. Children born on U.S. soil are citizens at birth and can be issued a U.S. birth certificate, Social Security number, and passport on that basis.

Verified against the primary source as of 2026-07-25 — status can change with a single court ruling. Official source.

What’s happening

On June 30, 2026, the Supreme Court decided Trump v. Barbara (No. 25-365), striking down Executive Order 14160 by a 6–3 vote. Chief Justice Roberts wrote the majority opinion, holding that the Fourteenth Amendment’s Citizenship Clause guarantees citizenship to children born in the United States regardless of their parents’ immigration status. Justice Kavanaugh concurred in the judgment on statutory grounds; Justices Alito, Thomas, and Gorsuch dissented.

The order is void and unenforceable. Birthright citizenship continues exactly as it did before the order — consistent with more than a century of precedent under United States v. Wong Kim Ark (1898).

Who it affects

U.S.-born children whose mother is an unauthorized immigrant, or lawfully present only temporarily, and whose father is not a U.S. citizen or lawful permanent resident — the class whose automatic birthright citizenship Executive Order 14160 would have denied. The Supreme Court struck the order down, so these children are U.S. citizens at birth, as they were before.

Estimated scale: 260,000 — U.S. births per year that would not have qualified for citizenship under EO 14160 (Pew Research).

How it got here

  1. Jan 20, 2025 President Trump signs Executive Order 14160, directing federal agencies to stop recognizing birthright citizenship for certain U.S.-born children.
  2. Dec 5, 2025 Supreme Court grants certiorari before judgment, taking the case directly.
  3. Apr 1, 2026 Oral argument held on whether EO 14160 complies with the Fourteenth Amendment Citizenship Clause and 8 U.S.C. § 1401(a).
  4. Jun 30, 2026 The Supreme Court strikes down Executive Order 14160 by a 6–3 vote. Chief Justice Roberts writes the majority opinion, holding the Fourteenth Amendment's Citizenship Clause guarantees citizenship to children born in the United States regardless of their parents' immigration status. Justice Kavanaugh concurs in the judgment on statutory grounds; Justices Alito, Thomas, and Gorsuch dissent. Birthright citizenship is upheld.

What to watch next

Nothing further: the ruling is final and applies nationwide. A child born on U.S. soil is a U.S. citizen at birth and can be issued a U.S. birth certificate, Social Security number, and passport on that basis. Narrow exceptions that long predate this case still apply — for example, children of accredited foreign diplomats.

Official sources

This page is general information about litigation, not legal advice. A case’s status can change with a single ruling, and outcomes can turn on facts specific to each person. For advice on a specific situation, consult a licensed immigration attorney or a DOJ-accredited representative.