The United States Supreme Court has ruled to uphold birthright citizenship for children born in the U.S., regardless of where their parents may have been born.
The Barbara v. Trump lawsuit, brought by the ACLU and other immigration advocates, challenged an executive order that the President signed on the first day of his second term in office.
The executive order “Protecting the Meaning and Value of American Citizenship” sought to undo birthright citizenship as a constitutional right and limit it to people born in the U.S. to at least one parent who is also a U.S. citizen or lawful permanent resident.
On June 30, 2026, the Supreme Court ruled in favor of upholding birthright citizenship for all. This guide explains what the Supreme Court’s decision means for immigrant parents and their children.
Also Read: Pro-Bono Lawyers And Free Legal Services in New York Immigration Courts
What is birthright citizenship?
Birthright citizenship is a type of citizenship that is granted to people upon birth on U.S. soil.
This legal principle was made into law by the 14th Amendment of the U.S. Constitution and has been interpreted since 1898 to mean that anyone who is born in the U.S. is automatically a U.S. citizen.
What if I gave birth within the past year or am currently pregnant?
Your baby is or will be or is a U.S. citizen, regardless of the immigration status of the parents.
Through executive order, Trump would have blocked the children of the estimated 11 million undocumented immigrants living in the United States — as well as the children of immigrants who are lawfully present but on a temporary status — from becoming citizens by birth. The Supreme Court’s final decision on this issue guarantees that any child born on U.S. soil is a U.S. citizen.
Your baby’s citizenship rights, assuming they are born in the U.S., are protected.
The language in section 1 of the 14th amendment states three rights:
- All people born or naturalized in the U.S. are citizens of the U.S. and the state in which they reside;
- States are prohibited from making or enforcing laws that interfere with the rights and privileges granted to citizens;
- Any person within the United States is entitled to due process and equal protection rights.
For more information, check out this know-your-rights flyer and this webpage.
Also Read: How to Apply for Child Care Subsidies If You Are A Low-Income Undocumented Family
Timeline of the lawsuits challenging the executive order
- January 20, 2025: Trump signs Executive Order
- January 21, 2025: Multiple states, two cities, and various immigration advocates file lawsuits in WA, MD, MA, and NH to prevent the order from being enforced
- January 23, 2025: A judge puts a temporary hold on the order from being enforced
- February 2025: 3 federal district judges issue separate injunctions preventing the order from taking effect
- March 13, 2025: the federal government appeals and asks the Supreme Court to limit the various injunctions to only the specific plaintiffs in the lawsuits
- June 27, 2025: SCOTUS rules that the injunctions only apply to the specific plaintiffs in each case and not nationwide, which means that the executive order would go into effect in the 28 states that did not challenge the order
- June 27, 2025: the ACLU files a class action suit that would include all babies in all states affected by the executive order. this is the Barbara v. Trump lawsuit
- April 1, 2026: SCOTUS hears oral arguments for Barbara v. Trump
- June 30, 2026: SCOTUS upholds birthright citizenship in the Barbara v. Trump lawsuit
