Supreme Court Upholds Birthright Citizenship, 6-3, Striking Down Trump's Order.

The Supreme Court ruled 6-3 on June 30, 2026, that the Constitution guarantees citizenship to nearly everyone born in the United States, striking down President Trump’s executive order that tried to end it for some. Chief Justice John Roberts wrote the majority opinion in Trump v. Barbara, holding that the order cannot be reconciled with the 14th Amendment, NPR reported.

What the Court Decided

Trump signed the order on the first day of his second term. It sought to deny citizenship to babies born in the United States if their parents had entered the country illegally, or were living here legally on temporary visas.

The court rejected it. Five justices held the order violates the 14th Amendment outright. A sixth, Justice Brett Kavanaugh, agreed the order was unlawful but rested his vote on federal statute rather than the Constitution. Justices Clarence Thomas, Neil Gorsuch, and Samuel Alito dissented.

What the 14th Amendment Says

The Citizenship Clause is the first sentence of the 14th Amendment, ratified in 1868. It says that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof,” are citizens.

The administration argued that children of undocumented or temporary residents are not “subject to the jurisdiction” of the country. The court disagreed, as courts have for more than a century.

In the 1898 case United States v. Wong Kim Ark, the Supreme Court already held that a child born on U.S. soil to immigrant parents is a citizen. The full history is in our birthright citizenship explainer.

What the Order Would Have Done

Had it stood, the order would have created a class of children who are born here but belong nowhere. A baby denied U.S. citizenship at birth, with no automatic claim to another country’s citizenship either, can be left stateless, cut off from a passport, legal work, and the basic security of knowing which country is theirs.

The order also broke from how the rule has worked for generations. Birthright citizenship does not ask what your parents’ status is. It asks where you were born. The court kept it that way.

Why It Matters

This is a decisive win, and it settles the core question for now. A 6-3 majority, written by the chief justice, is not a close or fragile result.

It is not the end of the effort. One justice rested his vote on a statute Congress could try to change, three justices would have let the order stand, and supporters of the order have floated a constitutional amendment. A right is safest when people defend it before it is threatened, not only after. The ruling holds the line, and the job now is to keep it there.

What You Can Do Now

1. Use the letter below to ask your members of Congress to defend the 14th Amendment’s Citizenship Clause and to oppose any statute or amendment that would strip birthright citizenship from children born in the United States.

2. Call your senators and representative at (202) 224-3121. Tell them the Supreme Court upheld birthright citizenship 6-3, and you expect them to protect it rather than chip away at it through legislation.

3. Know the history and share it. Birthright citizenship survived this challenge because the rule is old, clear, and settled by a century of precedent. Understanding why it has held is the best defense against the next attempt to undo it.

Sources

• NPR: Supreme Court Upholds Birthright Citizenship on Constitutional Grounds
• SCOTUSblog: Supreme Court Strikes Down Trump’s Order Ending Birthright Citizenship
• NBC News: Supreme Court Rejects Trump’s Attempt to Limit Birthright Citizenship