In a 6-3 decision issued today, the Supreme Court rejected President Trump’s executive order seeking to end birthright citizenship for children born in the U.S. to parents who are undocumented or here temporarily.
The Court ruled that children born in the United States to noncitizen parents remain citizens at birth under the Fourteenth Amendment’s Citizenship Clause. In doing so, it reaffirmed the longstanding precedent set in the 1898 United States v. Wong Kim Ark case. Chief Justice Roberts’ opinion pointed to that landmark ruling, which held that “subject to the jurisdiction thereof” means all children born in the U.S. are automatically granted citizenship, with only narrow exceptions such as children of foreign diplomats.
As a result, the executive order, which never took effect due to lower court injunctions, will not be implemented. This ruling preserves more than 150 years of settled constitutional law.
This decision has significant implications for immigration policy and constitutional interpretation. Brown Immigration Law is reviewing the Court’s opinion and will provide additional analysis, practical guidance, and key takeaways in the coming days.
For immediate analysis of today’s decision, listen to the latest episode of I’ll Call You From the Car, where David Zaritzky Brown breaks down the Court’s reasoning, the significance of the Fourteenth Amendment, Justice Kavanaugh’s concurrence, and what this ruling means for employers, individuals, and the future of U.S. immigration policy.
