Overview
- The Supreme Court ruled on June 30, 2026 that President Trump’s Executive Order 14160 was unconstitutional and that most children born on U.S. soil are citizens at birth under the Fourteenth Amendment.
- Chief Justice John Roberts wrote the 6–3 majority opinion relying on the Citizenship Clause and the 1898 Wong Kim Ark precedent while Justices Thomas, Alito and Gorsuch issued long dissents arguing for a narrower reading of who is “subject to the jurisdiction.”
- Republican leaders responded by saying they will seek a legislative fix or a constitutional amendment, and individual GOP members have already filed bills such as the ‘Anchors Away Act’ and proposals from Sen. Eric Schmitt.
- Federal agencies and prosecutors are shifting strategy to target the commercial birth‑tourism and surrogacy networks through visa-rule changes, consular guidance fixes, and prosecutions for visa fraud, wire fraud and money‑laundering tied to facilitators.
- Reporting and government reviews document a sizable international industry that recruits foreign clients, runs U.S. maternity houses and charges packages of roughly $20,000–$100,000, and public polling shows broad popular support for automatic citizenship for U.S.-born children, complicating political options for change.