The Supreme Court has struck down President Trump’s executive order seeking to end birthright citizenship, reaffirming the more than 100-year-old understanding that nearly all people born in the United States are citizens. In a 6-3 decision in the case Trump v. Barbara, the Court found that the order is unlawful.
What changed
Five justices—Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett, and Ketanji Brown Jackson—agreed that Trump’s executive order violates the 14th Amendment, while Justice Brett Kavanaugh wrote separately to say he believes the order violates federal law. Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented.
The executive order sought to change the long-held definition of who is an American by denying citizenship to children born to undocumented or temporary-visa-holder parents. An estimated 250,000 babies born in the U.S. would have been denied citizenship each year under the order.
The Court reaffirmed its landmark 1898 ruling in Wong Kim Ark, which established the rule of citizenship by birth, with rare exceptions for children of foreign diplomats, occupying armies, and Native American tribe members. The directive never took effect, since it was blocked by every federal court that examined it.
Why it matters
This ruling definitively settles the constitutional and statutory law governing birthright citizenship, ending years of litigation and uncertainty. Chief Justice Roberts wrote in the majority opinion: “Citizenship, then and now, was the right to have rights — to freely participate in our political community. The Framers of the Fourteenth Amendment extended that promise to ‘every free-born person in this land.’ We keep that promise today.”
For immigration practitioners and applicants, the decision means:
- USCIS adjudication of citizenship claims by descent for children born on U.S. soil is now fully settled: children born to at least one undocumented parent, one temporary visa holder, or other non-LPR parents remain entitled to birthright citizenship under the 14th Amendment and the Immigration and Nationality Act.
- No pending or future policy changes: The Supreme Court has rejected the executive branch’s narrow reading of “subject to the jurisdiction thereof” and affirmed the century-old interpretation.
- No filing complications for birth certificates, passports, or Form N-600 naturalization applications: the legal entitlement is now settled at the highest court level.
Way forward
- For applicants: If your child was born in the U.S., you may proceed with confidence in claiming birthright citizenship. Gather original birth certificates and file Form N-600, Application for Certificate of Naturalization (if you seek a certificate of citizenship), or proceed to passport application through the State Department.
- For practitioners: Update client communications and intake forms to reflect that birthright citizenship is constitutionally and statutorily protected. The order no longer poses any barrier to citizenship claims.
- For institutions: Hospitals, vital records offices, and consular posts should continue processing citizenship claims under the traditional 14th Amendment standard, with no changes required.
- Monitor state and administrative responses: Although the Supreme Court has spoken, keep watch for state-level actions or regulatory guidance that attempts to circumvent the ruling or create procedural barriers to document issuance.
Disclaimer
This article is provided for informational purposes only and does not constitute legal advice. Folaform is not a law firm. Immigration law is complex and changes frequently—often without public notice. You should consult a licensed immigration attorney before taking any action based on this article. Verify all citations and claims against the primary source linked above and current USCIS guidance. Policy decisions can change, and individual circumstances vary widely. An attorney can advise you on how this ruling applies to your specific situation.