In a landmark 6-3 decision today, the U.S. Supreme Court reaffirmed that children born in the United States are citizens at birth under the Fourteenth Amendment, regardless of whether their parents are unlawfully present or temporarily in the country. The Court held that such children are “subject to the jurisdiction” of the United States and therefore entitled to birthright citizenship, striking down President Trump’s Executive Order 14160. 

The decision preserves the longstanding birthright citizenship framework that has been in place for more than 125 years. As a result, children born in the United States will continue to acquire U.S. citizenship at birth, subject only to the narrow and well-established exception for children of certain foreign diplomats. 

As the nation prepares to mark the 250th anniversary of the Declaration of Independence, today’s decision underscores the enduring significance of the Fourteenth Amendment and its role in defining American citizenship. For individuals, families, employers, and immigration practitioners alike, the Court’s ruling reaffirms a foundational principle of U.S. immigration and constitutional law that has shaped the nation’s immigration landscape for more than a century. 

As the immigration landscape continues to evolve, Foster LLP will closely follow any developments in immigration law and policy and provide updates via Immigration Updates©, articles, and blogs on our website at www.fosterglobal.com.