The Supreme Court has upheld birthright citizenship in a landmark 6-3 ruling, striking down an executive order by President Donald Trump that sought to deny automatic citizenship to children born in the U.S. to undocumented or temporarily present parents.
The decision, issued on June 30, 2026, reaffirms that the 14th Amendment grants citizenship to nearly all individuals born on American soil, regardless of their parents’ immigration status.
Majority Decision
Chief Justice John Roberts authored the majority opinion, asserting that the Framers of the 14th Amendment intended to extend citizenship to “every free-born person in this land.” He was joined by Justices Amy Coney Barrett, Brett Kavanaugh, Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson. Justice Kavanaugh also wrote separately to note that while Congress could theoretically legislate exceptions, the President cannot do so unilaterally.
The Dissent
Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented, with Thomas arguing the majority’s historical interpretation was inaccurate and that the amendment was originally designed solely to secure rights for freed slaves. In response to the defeat, President Trump stated on Truth Social that while the ruling was “too bad for our Country,” he believes Congress can still end birthright citizenship through legislation, though legal experts suggest a constitutional amendment would likely be required.