• Insights

United States: Supreme Court Strikes Down Effort to Limit Birthright Citizenship

June 30, 2026

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • In a widely anticipated decision, the U.S. Supreme Court has ruled 6-3 to uphold the longstanding birthright citizenship framework in the United States. 
  • The Court held a presidential executive order that sought to eliminate birthright citizenship violated the 14th Amendment to the Constitution, finding that children born to parents who are in this country temporarily or without legal status are born in the United States, subject to U.S. jurisdiction, and thus citizens at birth.

The issue

The U.S. Supreme Court has struck down President Trump’s January 20, 2025 Executive Order (EO) that sought to significantly limit birthright citizenship. The Court holds that children born in the United States to parents who are in the country unlawfully or temporarily are U.S. citizens at birth under the U.S. Constitution because these children are “subject to the jurisdiction” of the United States within the meaning of the 14th Amendment Citizenship Clause. The case is Trump v. Barbara (No.25-2365).

Chief Justice John G. Roberts wrote for the majority and was joined by Justices Sotomayor, Kagan, Barrett and Jackson. Justice Kavanaugh concurred in the majority judgment but dissented in part, reaching his decision to strike down the EO on statutory instead of constitutional grounds. The Court’s decision means that the U.S. birthright citizenship framework that has been in place for more than 125 years remains unchanged.

Background

Upon taking office on January 20, 2025, President Trump issued a birthright citizenship Executive Order stating that the following classes of children born in the United States after February 19, 2025 would no longer be U.S. citizens at birth:

  • Children whose mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of the child’s birth; and
  • Children whose mother’s presence in the United States at the time of the child’s birth was lawful but temporary, and the father was not a United States citizen or lawful permanent resident at the time of the child’s birth. This group includes children born to parents in nonimmigrant status such as F, H, L, O, P and all other nonimmigrant categories with no exceptions, and with no exception provided for nonimmigrant parents seeking permanent residence.

The Citizenship Clause in the 14th Amendment to the U.S. Constitution states (emphasis added): “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” The basis of President Trump’s EO was a significant reinterpretation of the phrase “subject to the jurisdiction thereof,” which for more than a century has been interpreted to grant citizenship based solely on birth in the United States, subject to some very narrow exceptions.

Since early 2025, various injunctions prevented implementation of the birthright citizenship EO, even after a June 27 Supreme Court decision seemed to limit the authority of federal courts to issue nationwide (or “universal,” in the court’s terminology) injunctions. The White House responded by seeking a Supreme Court ruling that the EO is constitutional in its reinterpretation of the 14th Amendment Citizenship clause.

Key elements of the Supreme Court decision

In striking down the birthright citizenship EO, the Supreme Court relied on common law principles, U.S. history, and the seminal 1898 birthright citizenship case interpreting the 14th Amendment Citizenship Clause, United States v. Wong Kim Ark (169 U.S. 649 (1898).

The Court rigorously explored the text and history of the Citizenship Clause and found no evidence that the intent of the clause was to impose a domicile or immigration status limitation on parents of children born in the United States. Instead, the Court reaffirms the longstanding principle that the 14th Amendment Citizenship Clause phrase – “subject to the jurisdiction” – refers to the power of the United States to govern those within its territory. Therefore, children born in the United States are U.S. citizens at birth, with the only current exception being children born to foreign diplomats who receive certain privileges and immunities from U.S jurisdiction.

What it means

Today’s Supreme Court decision means that the country’s longstanding birthright citizenship legal framework remains unchanged. Children born in the United States continue to be U.S. citizens at birth unless they are subject to the narrow exception for children of certain foreign diplomats.

The Barbara case was decided on constitutional grounds. However, several Supreme Court justices took the position in dissenting or concurring opinions that Congress could amend federal law to create exceptions to birthright citizenship for children born to parents present in the United States temporarily or unlawfully.  While there may be efforts to introduce legislation into Congress that limits birthright citizenship, any legislation that is passed is likely to face constitutional challenge in the courts.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

The Caterer: Right to Work Scheme: Have You Carried Out Checks on Temporary Staff?

Senior Manager Louise Senior highlights how expanded UK right to work requirements will affect hospitality businesses using temporary and contingent workers.

Learn more

Media mentions

Citeline: The People Behind The Pipeline: How The Global Race For Talent Is Reshaping Pharma

Partners Rajiv Naik and Hyla Kaplan Rosenberg explore how global talent policies are reshaping the biopharma industry.

Learn more

Video

Healthcare Horizons: Open Enrollment - a J-1 Trap? | #MobilityMinute

Counsel Christopher L. Wendt discusses why J-1 exchange visitors should carefully evaluate health insurance options during open enrollment and how a proposed Department of State rule could increase the consequences of selecting coverage that does not meet applicable requirements.

Learn more

Fragomen news

2026 年9月アメリカ移民法ダイジェストLearn more

Media mentions

Scottish Legal News: Scotland Needs Immigration Rules Built for Scotland’s Economy

Director Kelly Hardman examines proposals for a more tailored immigration framework in Scotland that reflects the country’s economic, workforce and demographic needs.

Learn more

Media mentions

Veranda: Want to Get a Second Passport? Here Are the 3 Universal Rules You Need to Know

Practice Leader Olga Nechita outlines common pathways to obtaining a second passport and key considerations for prospective applicants.

Learn more

Blog post

Malta Citizenship by Merit and Vision 2050: Who May Qualify and What Contributions Matter?

Director Isobel Neilson and Manager Sophie Jo Wasson examine how Malta’s Citizenship by Merit framework considers exceptional achievement and contribution alongside the country’s long-term priorities under Vision 2050, and what applicants should consider when developing a credible case.

Learn more

Media mentions

People Management: UK Right to Work Check Changes: What Businesses Need to Know

Partner Naomi Goldshtein discusses how new UK right to work requirements extend beyond direct employees and the steps businesses should take to understand and manage workforce compliance.

Learn more

Blog post

The Dutch-American Friendship Treaty at 70: How “Friendly” is it in Practice?

Partners Aviva Meerschwam and Christine Sullivan, Senior Associate Tuğba Özyakup and Junior Immigration Consultant Gabriela Gonzalez examine how the Dutch-American Friendship Treaty operates in the Netherlands and the US, and what the differences mean for entrepreneurs, investors and businesses pursuing transatlantic growth.

Learn more

Awards

Fragomen Named a Top 10 Finalist for the 2026 Cartus Masters Cup

Fragomen is a Top 10 finalist for the 2026 Cartus Masters Cup, Cartus’ highest supplier honor recognizing exceptional service, collaboration, innovation and commitment to clients and relocating employees.

Learn more

Media mentions

SHRM: Proposed $103,265 H-1B Is Changing Talent Acquisition Strategy

Partner Bo Cooper discusses the proposed $103,265 H-1B fee, potential legal challenges and its broader implications for employers and high-skilled immigration.

Learn more

Media mentions

Business Insider: The Hidden Sacrifices of Chasing an H-1B Career in America

Partner Aaron Blumberg discusses how proposed changes to the H-1B program could affect workers facing layoffs and families navigating dependent visa status.

Learn more

Media mentions

The Caterer: Right to Work Scheme: Have You Carried Out Checks on Temporary Staff?

Senior Manager Louise Senior highlights how expanded UK right to work requirements will affect hospitality businesses using temporary and contingent workers.

Learn more

Media mentions

Citeline: The People Behind The Pipeline: How The Global Race For Talent Is Reshaping Pharma

Partners Rajiv Naik and Hyla Kaplan Rosenberg explore how global talent policies are reshaping the biopharma industry.

Learn more

Video

Healthcare Horizons: Open Enrollment - a J-1 Trap? | #MobilityMinute

Counsel Christopher L. Wendt discusses why J-1 exchange visitors should carefully evaluate health insurance options during open enrollment and how a proposed Department of State rule could increase the consequences of selecting coverage that does not meet applicable requirements.

Learn more

Fragomen news

2026 年9月アメリカ移民法ダイジェストLearn more

Media mentions

Scottish Legal News: Scotland Needs Immigration Rules Built for Scotland’s Economy

Director Kelly Hardman examines proposals for a more tailored immigration framework in Scotland that reflects the country’s economic, workforce and demographic needs.

Learn more

Media mentions

Veranda: Want to Get a Second Passport? Here Are the 3 Universal Rules You Need to Know

Practice Leader Olga Nechita outlines common pathways to obtaining a second passport and key considerations for prospective applicants.

Learn more

Blog post

Malta Citizenship by Merit and Vision 2050: Who May Qualify and What Contributions Matter?

Director Isobel Neilson and Manager Sophie Jo Wasson examine how Malta’s Citizenship by Merit framework considers exceptional achievement and contribution alongside the country’s long-term priorities under Vision 2050, and what applicants should consider when developing a credible case.

Learn more

Media mentions

People Management: UK Right to Work Check Changes: What Businesses Need to Know

Partner Naomi Goldshtein discusses how new UK right to work requirements extend beyond direct employees and the steps businesses should take to understand and manage workforce compliance.

Learn more

Blog post

The Dutch-American Friendship Treaty at 70: How “Friendly” is it in Practice?

Partners Aviva Meerschwam and Christine Sullivan, Senior Associate Tuğba Özyakup and Junior Immigration Consultant Gabriela Gonzalez examine how the Dutch-American Friendship Treaty operates in the Netherlands and the US, and what the differences mean for entrepreneurs, investors and businesses pursuing transatlantic growth.

Learn more

Awards

Fragomen Named a Top 10 Finalist for the 2026 Cartus Masters Cup

Fragomen is a Top 10 finalist for the 2026 Cartus Masters Cup, Cartus’ highest supplier honor recognizing exceptional service, collaboration, innovation and commitment to clients and relocating employees.

Learn more

Media mentions

SHRM: Proposed $103,265 H-1B Is Changing Talent Acquisition Strategy

Partner Bo Cooper discusses the proposed $103,265 H-1B fee, potential legal challenges and its broader implications for employers and high-skilled immigration.

Learn more

Media mentions

Business Insider: The Hidden Sacrifices of Chasing an H-1B Career in America

Partner Aaron Blumberg discusses how proposed changes to the H-1B program could affect workers facing layoffs and families navigating dependent visa status.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
October 8, 2026 | United KingdomThe Caterer: Right to Work Scheme: Have You Carried Out Checks on Temporary Staff?
October 8, 2026 | GermanyGermany: Residence Permit Exemption for Foreign Nationals Residing in Ukraine Extended
October 8, 2026 | KuwaitKuwait: New Residence Permit Category Introduced for Certain Former Kuwaiti Nationals
October 8, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
October 8, 2026Middle East: Situation Updates
October 8, 2026 | United KingdomThe Caterer: Right to Work Scheme: Have You Carried Out Checks on Temporary Staff?
October 8, 2026 | GermanyGermany: Residence Permit Exemption for Foreign Nationals Residing in Ukraine Extended
October 8, 2026 | KuwaitKuwait: New Residence Permit Category Introduced for Certain Former Kuwaiti Nationals
October 8, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
October 8, 2026Middle East: Situation Updates
October 8, 2026 | United KingdomThe Caterer: Right to Work Scheme: Have You Carried Out Checks on Temporary Staff?
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.