Supreme Court Upholds Birthright Citizenship in 6-3 Ruling

Aby was at her work desk in Brooklyn when her phone buzzed with the news. The Supreme Court had just ruled 6-3 to protect her 1-year-old son's right to U.S. citizenship. As a DACA recipient — someone who came to the US without legal status as a child and received temporary protection — she knew exactly what was at stake. "I know the struggles of what it is to be undocumented and I did not want that future for any of my children," she told Documented.

What the Court Decided

The Supreme Court struck down President Trump's executive order that would have ended birthright citizenship — the automatic right to U.S. citizenship for nearly anyone born on U.S. soil. Chief Justice John Roberts wrote the majority opinion and was joined by five other justices, including two Trump appointees: Amy Coney Barrett and Brett Kavanaugh. Roberts wrote: "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." Three justices dissented, with Justice Samuel Alito calling the decision a "serious mistake."

The ruling is based on the 14th Amendment to the U.S. Constitution, ratified in 1868, which states that all persons born in the United States and subject to its jurisdiction are citizens. The Supreme Court had previously affirmed this right in 1898 in United States v. Wong Kim Ark. Trump's order, signed on his first day back in office, would have limited citizenship only to children of U.S. citizens or permanent residents (green card holders). According to the Migration Policy Institute, roughly 255,000 children per year would have lost that right under the order. Multiple federal courts had already blocked the order before the case reached the Supreme Court.

The case that reached the Supreme Court — Barbara v. Trump — was a nationwide class-action lawsuit filed by the American Civil Liberties Union on behalf of expectant parents from Honduras, Taiwan, and Brazil. Yaritza Mendez, deputy director of Make the Road New York, called the ruling "a historic win" and a reaffirmation that immigrant families belong in this country. Gabriel Chin, a law professor at the University of California Davis, said the ruling keeps a clear and "easily administrable" rule in place — and that the opposite decision would have created deep uncertainty about who could even call themselves a citizen, possibly going back years.

What to Do

• If you have a child born in the US, their U.S. citizenship is protected. You can apply for a U.S. passport for your child at any U.S. passport acceptance facility — you will need their birth certificate as proof.
• If you are undocumented or have DACA status and are expecting a child, lawyers recommend documenting your child's birth in the US carefully. Keep the original birth certificate in a safe place.
• If you are in removal proceedings (the formal legal process where the government tries to deport you), this ruling does not directly stop your case — but having a U.S. citizen child may be a factor in your defense. Talk to an immigration lawyer about how this applies to your situation.
• If you have questions about your own immigration status — including DACA renewal, work permits (called EAD, or Employment Authorization Documents), or a path to a green card — contact a licensed immigration attorney or a trusted nonprofit legal organization in your area.