Supreme Court Strikes Down the Birthright Citizenship Order

On June 30, 2026, the Supreme Court decided Trump v. Barbara and struck down Executive Order 14160, which had sought to deny automatic citizenship to children born in the United States to parents without lawful status or on temporary visas. Chief Justice John Roberts wrote the 6–3 opinion holding that birthright citizenship is protected by the Citizenship Clause of the 14th Amendment.

The order had never taken effect — courts blocked it within days of its signing in January 2025 — but its legal status had remained unresolved for eighteen months. That uncertainty is now over. The ruling is a constitutional holding, which means it cannot be undone by a future executive order or by an ordinary act of Congress.

If your child was born in the United States, that child is a US citizen, regardless of your immigration status. Get the birth certificate from the state or county vital records office where the birth occurred, and apply for a US passport — a passport is the strongest and most portable proof of citizenship. Neither requires the parents to have any particular immigration status.

A child's US citizenship does not by itself give a parent lawful status or protection from removal, and a US citizen child cannot sponsor a parent for a green card until turning 21. Be alert to anyone who claims otherwise — that is a common scam.