The Supreme Court ruled Tuesday that children born on U.S. soil to parents unlawfully or temporarily present in the country are American citizens at birth, striking down President Trump's effort to reinterpret the Fourteenth Amendment's Citizenship Clause through executive action.
In a 5-4 decision in Trump v. Barbara, the Court affirmed a lower court injunction blocking Executive Order 14160, which Trump signed on his first day back in office in January 2025. The order had instructed federal agencies to stop recognizing citizenship for children whose parents lacked permanent legal status.
Chief Justice John Roberts wrote the majority opinion, joined by Justices Sotomayor, Kagan, Barrett, and Jackson. The Court leaned heavily on United States v. Wong Kim Ark, the 1898 precedent holding that the Citizenship Clause incorporates English common law's "right of the soil" doctrine, with narrow exceptions for children of foreign diplomats. Roberts rejected the administration's argument that "subject to the jurisdiction" requires a parent's domicile in the United States, calling the theory historically unsupported by the ratification-era record.
Justice Ketanji Brown Jackson wrote separately, joined in part by Justice Sotomayor, defending a broader reading of the Amendment's purpose. Justice Brett Kavanaugh concurred in the judgment while dissenting in part, applying his own reasoning to reach the same outcome.
Justice Clarence Thomas, joined by Justice Neil Gorsuch, wrote the principal dissent, arguing the Fourteenth Amendment was intended narrowly to secure citizenship for freed slaves rather than extend automatically to children of those unlawfully present. Justices Alito and Gorsuch each filed separate dissents as well.
The ruling closed out one of the most closely watched terms in recent memory, following earlier decisions this term that all but gutted Section 2 of the Voting Rights Act and struck down Trump's tariff program for exceeding congressional authorization.
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