If your child is born in the United States, your child is a United States citizen. On June 30, 2026, the Supreme Court of the United States confirmed this once again. In a 6 to 3 decision, the Court upheld birthright citizenship and rejected the executive order that had tried to take it away from many families.
For parents who have spent the past year worried about what would happen to their children, this is welcome and reassuring news. The rule that has protected children born on American soil for more than 125 years remains in place.
What the Supreme Court Decided
The case is called Trump v. Barbara. Chief Justice John Roberts wrote the majority opinion for the Court. The decision struck down the executive order that the President signed on the first day of his second term in January 2025.
The Court held that children born in the United States, including children of parents who are here unlawfully or here temporarily on a visa, are still subject to the jurisdiction of the United States. That means they are citizens at birth under the Fourteenth Amendment. The Court relied on the same constitutional language and the same landmark 1898 case, United States v. Wong Kim Ark, that has guided this question for generations.
Three Justices disagreed with the decision. The majority of the Court, however, made the rule clear and final.
What the Executive Order Tried to Do
The executive order tried to deny citizenship to babies born in the United States if their parents had entered the country without permission, or if their parents were living and working here legally on a temporary visa, such as a student visa or a work visa.
There is one point that every family should understand. This order never actually took effect. Every court that reviewed it blocked it, and one judge described it as plainly unconstitutional. No child lost citizenship because of it. With this ruling from the Supreme Court, the order is now permanently struck down.
What the Law Says Now
The law today is the same law that has applied for more than a century, and it is simple.
A child born on United States soil is a United States citizen. This is true no matter what immigration status the parents hold. It is true whether the parents are undocumented, here on a visa, or in the middle of an immigration case. A United States birth certificate remains valid proof of your child’s citizenship.
There is only one narrow exception that applies today. Children born to foreign diplomats who are serving in the United States are not birthright citizens. For nearly every other family, the rule is clear and protective.
What This Means for Your Family
If you are expecting a child, or you already have a child who was born here, you do not need to take any special step to protect your child’s citizenship. Your child’s citizenship is secure under the Constitution.
At the same time, the immigration status of the parents is a separate matter from the citizenship of the child. If you have questions about your own status, a pending case, or how to plan for your family’s future in the United States, those are questions worth discussing with an immigration attorney.
About The Anwari Law Firm
The Anwari Law Firm is a dedicated immigration law practice in Alexandria, Virginia, led by Principal Attorney Deeba Anwari. For nearly two decades, our firm has helped immigrant families with family based and employment based immigration, asylum, adjustment of status, Special Immigrant Visa matters, consular processing, humanitarian parole, and federal court litigation. We are proud of the trust that our clients place in us, and we are known for clear guidance, careful work, and steady support through laws that change often.
The law in this area continues to change, and we are committed to keeping our community informed. We invite you to check our blog regularly for the latest updates on immigration rulings and policy. And if you ever need help with your own case, our office is always here for you at 703-348-8448.
This article provides general legal information and is not legal advice. Every immigration case is different. For guidance about your specific situation, please speak with a licensed immigration attorney.
Posted in: Immigration
posted on: July 1, 2026