Overview
- The Court, in a 6–3 decision on Tuesday, June 30, 2026, held that children born in the United States to parents unlawfully or temporarily present satisfy the 14th Amendment and are citizens at birth, with Chief Justice John Roberts writing the majority opinion.
- Lower federal judges had blocked the executive order from taking effect while legal challenges moved through the courts, and the Supreme Court’s decision affirmed those injunctions by resolving the constitutional question.
- Three justices—Clarence Thomas, Samuel Alito and Neil Gorsuch—dissented, arguing for a narrower reading of the Citizenship Clause, while Justice Brett Kavanaugh concurred in part and said Congress could change citizenship rules by statute.
- President Trump called on Congress to act after the ruling, but legal experts say revoking birthright citizenship would face steep hurdles because it would likely conflict with the 14th Amendment or require the difficult process of a constitutional amendment.
- The decision rests on long-settled precedent dating to United States v. Wong Kim Ark (1898) and affects millions of families born in the U.S., with observers warning it shifts the political fight over immigration policy into Congress and the states.