Docket 25-365
Trump v. Barbara
DecidedJun 30, 2026
6-3decision
Source: CourtListener.
Court strikes down executive order limiting birthright citizenship for children of noncitizens
What it does
The ruling holds that the Executive Order denying citizenship to children born in the U.S. to unlawfully or temporarily present parents is unconstitutional, and affirms a nationwide injunction blocking its enforcement. It confirms that nearly all children born on U.S. soil are citizens at birth regardless of their parents' immigration status, with only narrow historical exceptions (children of diplomats, enemy occupiers, and tribal Indians under tribal jurisdiction).
Who benefits
Children born in the United States to parents who are unauthorized immigrants or who are present only temporarily (including tourists and visa holders), who retain automatic U.S. citizenship at birth.
Who is affected
The Executive Branch's ability to deny citizenship documentation to this group is eliminated; the ruling also affects future administrations seeking to limit birthright citizenship without a constitutional amendment or, per one concurring opinion, without new legislation from Congress.
Practical impact
Hospitals, states, and federal agencies must continue to treat and document all children born in the U.S. as citizens regardless of parents' immigration status, and the Executive Order cannot be enforced against any class member. The decision forecloses unilateral executive action to redefine birthright citizenship, leaving only a constitutional amendment (or, per Kavanaugh's separate view, new congressional legislation) as a path to narrow the rule.
Majority — Roberts
Joined by: Sotomayor, Kagan, Barrett, Jackson
Chief Justice Roberts's majority reasoned that the Citizenship Clause codified the English common-law rule of jus soli (citizenship by birth on the soil), which was broad and included children of foreigners, including temporary visitors, with only narrow exceptions for diplomats, invading enemies, and tribal Indians. The Court traced this understanding through Dred Scott's rejection, the Civil Rights Act of 1866, and the Fourteenth Amendment's ratification, concluding the phrase "subject to the jurisdiction thereof" refers to the government's territorial power to govern people physically present, not to some heightened "allegiance" tied to domicile. The Court found the dissent's domicile-based theory unsupported by evidence from 1776-1868, noting domicile and citizenship are legally distinct concepts. It also read Wong Kim Ark as confirming this broad rule despite repeated references to the parents' domicile in that case, reasoning that the case's underlying analysis of the Clause's text and history cannot be reconciled with a domicile requirement. The majority directly rebutted Justice Thomas's argument by noting his and the Government's shifting, undated theories of when "allegiance" supposedly required domicile, and rejected Justice Alito's and Justice Kavanaugh's proposed ad hoc exceptions as inconsistent with their own stated principles.
Dissent reasoning
Justice Thomas, joined by Justice Gorsuch, argued that both the 1866 Civil Rights Act and the Citizenship Clause required that a child be domiciled in the United States, not merely temporarily present, to be a citizen at birth, and that extensive post-ratification practice by the Executive Branch, Congress, courts, and scholars confirmed this domicile requirement for decades. He argued the majority's reliance on Lynch v. Clarke and dicta in Wong Kim Ark is historically unsupported, since Wong Kim Ark's actual holding was limited to parents who were domiciled here. Justice Alito, dissenting separately, argued the phrase "subject to the jurisdiction thereof" means subject exclusively to U.S. power and not to any foreign power, so children of temporary visitors and many illegal immigrants remain tied to their parents' home country and are not covered, though he would treat Wong Kim Ark as reaching only parents who did everything possible to become American given the racial bar on their naturalization. Justice Gorsuch, dissenting, agreed with Thomas's domicile-based reading and Wong Kim Ark's limits, and would have rejected the facial challenge because the Executive Order is lawful at least as applied to true temporary visitors, though he expressed doubt about applying it to long-term unlawfully present residents.
Constitutional question
Does the Fourteenth Amendment's Citizenship Clause guarantee U.S. citizenship to children born on American soil to parents who are unlawfully present or only temporarily present in the country?
Precedent changed
The majority declined to narrow United States v. Wong Kim Ark's domicile-referencing language into a domicile requirement, treating that case as confirming birthright citizenship regardless of parental domicile.