The U.S. Supreme Court ruled on June 30, 2026 [2], that birthright citizenship must be preserved under the 14th Amendment.

This decision blocks a significant effort by the administration to redefine who is eligible for citizenship at birth. By striking down the executive order, the Court maintains a long-standing legal interpretation of the U.S. Constitution that protects children born on American soil regardless of their parents' legal status.

In a six-three vote [1], the justices declared that President Donald Trump's executive order was unconstitutional. The order had sought to deny citizenship to children born in the U.S. to mothers who were undocumented or held temporary status [1].

The ruling was notable for its judicial coalition. Chief Justice John Roberts and Justice Amy Coney Barrett, both typically categorized as conservative, joined liberal justices in the majority opinion to block the order [1].

Chief Justice Roberts emphasized the fundamental nature of the right in the court's opinion. "Citizenship is the starting point for political participation," Roberts said [1].

The Court found that the 14th Amendment guarantees citizenship to all persons born in the U.S., and that an executive order cannot override this constitutional mandate [1]. The ruling ensures that the status of the parents does not disqualify a child from the rights and protections of U.S. citizenship upon birth.

“Citizenship is the starting point for political participation”

This ruling reinforces the legal precedent of jus soli, or right of the soil, in the United States. By involving a bipartisan coalition of justices, the Court has signaled that birthright citizenship is a constitutional pillar that remains insulated from executive action, regardless of the administration's immigration goals.