Update (Oct. 25, 2026): Judge Deborah Boardman’s Sept. 2 preliminary injunction against the August 2026 order is still in place. It covers a class of children born, or to be born, in the U.S. after Feb. 19, 2025, SCOTUSblog reported. The Justice Department was expected to appeal to the Fourth Circuit, but as of this update we found no reported appeals-court ruling.
Quick answer: On June 30, 2026, the Supreme Court ruled 6-3 in Trump v. Barbara that children born in the United States are U.S. citizens at birth, even if their parents are here temporarily or without legal status. That struck down President Trump’s 2025 executive order on birthright citizenship. In August 2026 the President signed a new, narrower order, and a federal judge in Maryland temporarily blocked much of it in September.
What the Supreme Court decided
The case, Trump v. Barbara, was argued on April 1, 2026, and decided on June 30, 2026. Chief Justice John Roberts wrote the main opinion.
The question was whether Executive Order 14160, signed in January 2025, could deny citizenship to babies born in the U.S. to parents who were undocumented or only temporarily in the country, such as students or tourists. The order had never taken effect because courts across the country blocked it.
The Court said the order could not be squared with the 14th Amendment, which says that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens.” Roberts wrote that these children meet both parts of that test, so they are citizens at birth.
Why the Court ruled this way
- The 1898 precedent. The majority leaned on United States v. Wong Kim Ark, which held that a man born in San Francisco to Chinese parents was a citizen. The Court said it has applied that rule ever since.
- “Subject to the jurisdiction.” The government argued this phrase meant parents had to owe primary allegiance to the U.S., tied to where they live permanently. Roberts found little historical support for that reading.
- Narrow exceptions remain. The traditional exceptions, such as children of foreign diplomats, were not changed by the ruling.
How the justices split
- Justice Brett Kavanaugh agreed with the result but on different grounds: he said the order breaks a federal citizenship law passed by Congress, and that Congress could change that law.
- Justice Samuel Alito dissented, arguing the 14th Amendment covers only children who owe sole allegiance to the U.S. at birth.
- Justice Clarence Thomas, joined by Justice Neil Gorsuch, dissented and challenged the majority’s reading of history.
- Justice Gorsuch also wrote separately, saying some of the questions may not have been properly before the Court.
The new August 2026 order
On August 6, 2026, President Trump signed a second executive order that again tries to limit birthright citizenship, this time for narrower groups of children of foreign citizens. It includes carve-outs, such as for parents who paid for arrangements to come to the U.S. to give birth.
Immigrant-rights groups sued right away. On Sept. 2, 2026, U.S. District Judge Deborah Boardman in Maryland temporarily blocked the order from being enforced against a broad group of children whose parents are in the U.S. temporarily or without legal papers. She wrote that the order is “almost certainly unconstitutional” as applied to them, because the Supreme Court had just held these children are citizens. A separate lawsuit, Nathan v. Trump, was filed in federal court in Washington, D.C.
What it means for families
- A baby born in the U.S. is still a U.S. citizen, whatever the parents’ immigration status, under the June 2026 ruling.
- Birth certificates and passports should be issued as usual. Keep copies of the birth certificate somewhere safe.
- If an agency refuses a document because of a parent’s status, contact an immigration attorney or a legal aid group. Many offer free help.
- Watch for updates on the August order. The Maryland block is temporary, and the government could appeal.
What happens next
The lawsuits against the August 2026 order are still in the lower courts. The administration may appeal the Maryland ruling, and the issue could return to the Supreme Court. Congress could also try to change the federal citizenship law, which Justice Kavanaugh noted it has the power to do. Changing the 14th Amendment itself would require a constitutional amendment.
Timeline: how the birthright citizenship fight unfolded
| Date | What happened |
|---|---|
| 1868 | The 14th Amendment is ratified, including the Citizenship Clause |
| 1898 | United States v. Wong Kim Ark: a man born in San Francisco to Chinese parents is a U.S. citizen |
| Jan. 20, 2025 | President Trump signs Executive Order 14160 limiting birthright citizenship |
| 2025 | Federal courts across the country block the order before it takes effect |
| June 27, 2025 | Trump v. CASA: the Supreme Court limits nationwide injunctions but does not rule on whether the order is constitutional |
| April 1, 2026 | The Supreme Court hears arguments in Trump v. Barbara |
| June 30, 2026 | The Court rules 6-3 that U.S.-born children are citizens at birth |
| Aug. 6, 2026 | A second, narrower executive order is signed |
| Early Sept. 2026 | A federal judge in Maryland temporarily blocks much of the new order |
How families can document a child’s citizenship
A U.S. birth certificate is the main proof that a child was born in the United States. These steps make sure your child’s records are in order:
- Get certified copies of the birth certificate from your state’s vital records office. Keep at least two in a safe place.
- Request a Social Security number. Most parents do this at the hospital when they fill out the birth certificate forms. If you didn’t, apply with Social Security.
- Apply for a U.S. passport if you can. For children under 16, both parents generally must appear in person with Form DS-11, the birth certificate and their own IDs. A passport is strong proof of citizenship for life.
- Keep copies of the hospital record and any letters from government agencies.
What the 2025 Trump v. CASA ruling has to do with it
Many people mix up two different Supreme Court cases. In Trump v. CASA (June 2025), the Court did not decide whether birthright citizenship could be limited. It ruled on a procedural question: whether a single federal judge can block a policy nationwide for everyone. The Court limited those “universal injunctions,” which is why later challenges were brought as class actions or by specific groups. The constitutional question itself was decided a year later, in Trump v. Barbara.
Who is and isn’t a citizen at birth
| Situation | Citizen at birth? |
|---|---|
| Born in the U.S. to U.S. citizen parents | Yes |
| Born in the U.S. to green-card holders | Yes |
| Born in the U.S. to parents on temporary visas or without legal status | Yes, under the June 2026 ruling |
| Born in the U.S. to foreign diplomats | Generally no, a long-standing exception |
| Born abroad to a U.S. citizen parent | Often yes, through a separate law with its own rules |
For children born abroad, the rules depend on the parents’ citizenship and time lived in the U.S. The State Department’s “Consular Report of Birth Abroad” is the usual way to document it.
Where to get free, reliable help
- Legal aid: nonprofit immigration legal services in your state, many of which offer free consultations.
- Official information: USCIS for immigration questions, the State Department for passports, and your state vital records office for birth certificates.
- Watch for scams: anyone charging fees to “protect” your child’s citizenship, or “notarios” offering legal advice without a license. Only licensed attorneys and accredited representatives can give immigration legal advice.
Common myths, corrected
- Myth: The Supreme Court ended birthright citizenship. It did the opposite. In June 2026 it ruled that U.S.-born children are citizens at birth.
- Myth: The 2025 CASA ruling decided the question. It only limited nationwide court orders; the citizenship question was decided in 2026.
- Myth: A president can change citizenship rules alone. The 14th Amendment and federal law set them. Changing the amendment would take two-thirds of Congress and three-fourths of the states.
- Myth: Parents must re-register their children. No. Existing birth certificates and passports stay valid.
- Myth: The August 2026 order is in full effect. A federal judge temporarily blocked much of it in September 2026.
Also read: how to protect your family’s documents and identity.
The short version for families: if your child was born in the United States, they are a U.S. citizen. Keep the birth certificate safe, get a Social Security number and, if you can, a passport. Follow official sources for news about the August 2026 order, and ignore anyone who asks for money to “protect” your child’s status.
We will update this article if the Maryland ruling is appealed or the case returns to the Supreme Court.
Key dates to watch
| What | Why it matters |
|---|---|
| A Justice Department appeal to the Fourth Circuit | Could keep or lift the Maryland block |
| Any request to the Supreme Court | Would put the August order back before the justices |
| Agency implementation guidance | The judge allowed the government to keep drafting guidance, but not enforce it against the class |
| Action in Congress | Justice Kavanaugh noted Congress could change the federal citizenship law |
Last reviewed: Oct. 25, 2026
Frequently asked questions
Is birthright citizenship still the law in the U.S.?
Yes. The Supreme Court confirmed it on June 30, 2026, in Trump v. Barbara.
Was the vote unanimous?
No. It was 6-3. Justices Alito, Thomas and Gorsuch dissented.
Is the new August 2026 order in effect?
A federal judge in Maryland temporarily blocked it for a broad group of children in September 2026. Check back for updates on appeals.
Does this affect children of diplomats?
No. Children of foreign diplomats have long been an exception, and the ruling did not change that.
Sources: SCOTUSblog, June 30, 2026; SCOTUSblog, Sept. 3, 2026; Congressional Research Service; State Department: Passports for children under 16; Supreme Court: Trump v. CASA (2025).
