Supreme Court Upholds Birthright Citizenship in 2026

What the Supreme Court decided

The Supreme Court ruled that children born in the United States to undocumented parents or parents on temporary visas — such as tourist or student visas — are US citizens at birth. The ruling upholds the 14th Amendment's Citizenship Clause, which has been the law of the land since 1868. Chief Justice John Roberts wrote the majority opinion, joined by three liberal justices and conservative Justice Amy Coney Barrett. Conservative Justice Brett Kavanaugh agreed with the outcome but disagreed in part with the reasoning.

Trump had signed an executive order on his first day of his second term trying to end birthright citizenship (the legal right to US citizenship if you are born on US soil). The order argued that children born to parents who are undocumented or on temporary visas are not "subject to the jurisdiction" of the United States and therefore do not qualify for citizenship. The court rejected that argument. Roberts pointed to the 1898 case United States v. Wong Kim Ark, in which the court ruled that a man born in San Francisco to Chinese immigrant parents was a US citizen — a precedent that has stood for 128 years.

Who is affected — and who is not

This ruling protects the citizenship of children born in the US to undocumented immigrants and to people on temporary visas, including tourists, students, and H-1B workers. There are very limited exceptions: children of foreign diplomats and enemy occupiers are not covered. People born in US territories like American Samoa also do not automatically receive birthright citizenship under a separate 2021 ruling. Indigenous peoples were excluded until 1924, when Congress passed a law granting them citizenship.

Three conservative justices — Clarence Thomas, Samuel Alito, and Neil Gorsuch — dissented. Thomas wrote nearly 90 pages in dissent, the longest of his career on the court. Both Alito and Kavanaugh suggested that Congress could pass new legislation to create exceptions to birthright citizenship for children of parents without permanent legal status. Trump responded to the ruling by calling it "too bad" and urging Congress to act. However, any new law would need to overcome the Senate's 60-vote filibuster threshold — a very high bar.

What to do

• If your child was born in the US, their citizenship is protected under this ruling. You do not need to take any action to preserve their citizenship status right now.
• If your child was born in the US and does not yet have a US passport or birth certificate, now is a good time to obtain those documents. A US birth certificate is the primary proof of citizenship.
• If you are in removal proceedings (the legal process where the government tries to deport you) and have a US-born child, tell your immigration lawyer immediately — a US citizen child may be a factor in your case.
• Watch for any new legislation from Congress. Lawyers recommend staying informed through a trusted immigration attorney or accredited representative, especially if your family's situation involves mixed immigration status.