Supreme Court Confirms Birthright Citizenship for Children Born to Parents on Temporary Visas and Other Noncitizens

By: Mishita Jethi, Jioselin Juarez Contreras, Gladys Gervacio, and Deepika Singh | July 1, 2026

On June 30, 2026, the U.S. Supreme Court issued its decision in Trump v. Barbara¹, holding that the Fourteenth Amendment guarantees U.S. citizenship to all children born in the United States, regardless of whether their parents are lawfully present or unlawfully present and regardless of whether they are on temporary visas. The Court invalidated President Trump's Executive Order² dated January 20, 2025, seeking to limit birthright citizenship for these children and reaffirmed the longstanding constitutional interpretation established in United States v. Wong Kim Ark.

What the Supreme Court Held

• Children born in the United States to parents who are:
  • Unlawfully present; or
  • Lawfully present on temporary visas or other temporary immigration statuses,

are U.S. citizens at birth as per the Fourteenth Amendment.

• The Court held that the Executive Order restricting birthright citizenship violates both:
  • The Fourteenth Amendment's Citizenship Clause; and
  • The Immigration and Nationality Act.

How the Court Reached This Result

The majority consisting of Justices Roberts, Sotomayor, Kagan, Barrett, and Jackson relied on:

• The historical common-law doctrine of jus soli (citizenship based on birthplace).
• The drafting history of the Fourteenth Amendment.
• The Supreme Court's longstanding precedent in United States v. Wong Kim Ark (1898).
• The conclusion that the phrase “subject to the jurisdiction” refers to being subject to U.S. sovereign authority while being physically present in the United States—not to a parent's immigration status, domicile, or lawful permanent residence. 

The minority dissent, consisting of Justices Thomas, Gorsuch, Kavanaugh, and Alito, stated that:

• The Citizenship Clause applies only to persons born and domiciled in the United States, and temporary visitors and undocumented immigrants do not owe the complete political allegiance necessary for constitutional birthright citizenship.
• The Executive Order conflicted with the current federal citizenship statute but concluded that Congress could constitutionally enact legislation limiting birthright citizenship in the future.

What This Means for Employers, Foreign Nationals, and Families

For employers sponsoring foreign nationals and individuals residing in the United States on temporary visas (including H-1B, L-1, F-1, J-1, O-1, TN, E-2, B-1/B-2, and similar classifications), the decision preserves the longstanding rule that children born in the United States are U.S. citizens at birth.

It is important to note that:

• A U.S.-born child does not immediately change the parents' immigration status.
• Citizenship of the child does not provide an immediate pathway to lawful permanent residence or work authorization for the parents.
• The decision preserves existing constitutional protections for birthright citizenship but leaves open the possibility that Congress may amend the governing statute in a manner that could be upheld by a future Supreme Court decision or that the Constitution itself is amended.

For any questions or assistance, please contact your trusted Chugh, LLP immigration professional.

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