Overview
- The Supreme Court on June 30, 2026 struck down President Trump’s executive order in a 6–3 decision written by Chief Justice John Roberts that relied on the 14th Amendment and long‑standing precedent.
- Roberts’s majority opinion cited historical practice and United States v. Wong Kim Ark (1898) to conclude that children born on U.S. soil to parents present illegally or temporarily are citizens at birth.
- Lower federal courts had already blocked the order after it was signed on January 20, 2025, so the policy never took effect anywhere in the United States.
- Justice Brett Kavanaugh agreed with the outcome but wrote separately saying Congress could alter the statutory rules governing birthright citizenship, a route the administration now urges lawmakers to take.
- The decision spares an estimated 150,000–250,000 newborns a year from losing automatic citizenship and keeps the debate in the political and legislative arena where future bills and lawsuits can be expected.