In a major decision, the US Supreme court struck down the Trump administration’s Executive Order that limited birthright citizenship for certain children born in the United States, confirming it is protected by the US Constitution. The Court invalidated the Executive Order on the grounds that it violated the Fourteenth Amendment’s Citizenship Clause by denying citizenship to children born in the United States.
On June 30, 2026, the Supreme Court of the United States ruled against Executive Order 14160 of January 20, 2025 (“Protecting the Meaning and Value of American Citizenship”). The Executive Order argued that the Fourteenth Amendment’s Citizenship Clause applies only to people who are “subject to the jurisdiction” of the United States.
The Executive Order prevented automatic birthright citizenship to certain children born in the United States. This included children (1) whose mothers were unlawfully present in the United States and the fathers were not a United States citizen or lawful permanent resident at the time of the child’s birth, or (2) children whose mother’s presence in the US was lawful but temporary at the time of their birth and their father was not a US citizen or lawful permanent resident.
The Court held that children born in the United States to parents who are unlawfully or temporarily present are still “subject to the jurisdiction” of the United States. Therefore, such children are considered citizens at birth under the Fourteenth Amendment. In making this decision, the Court relied on the text and history of the Citizenship Clause of the Fourteenth Amendment. In addition, the Court relied on a longstanding rule that those born on the soil of a sovereign, were permanently bound to serve the sovereign. The aforementioned rule was subject only to narrow historical exceptions, such as its inapplicability to the children of foreign diplomats.
This ruling blocks the implementation of Executive Order 14160 and confirms that birthright citizenship remains constitutionally protected for any child born in the United States. The federal government may not deny citizenship documentation based on the parental-status restrictions set out in the Executive Order. Vialto will continue to monitor this situation and provide further updates.
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Sabhi Syed
Senior Associate
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