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Supreme Court decisions
No. 25-365Jun 30, 2026ImmigrationAffirmed

The question

Whether the Fourteenth Amendment's Citizenship Clause guarantees citizenship to children born in the United States to parents who are unlawfully or temporarily present.

Trump v. Barbara

What the Court decided

The Court affirmed the injunction against Executive Order No. 14160 and held that children born in the United States to parents who are unlawfully or temporarily present are citizens at birth. Such children are subject to the jurisdiction of the United States under the Fourteenth Amendment's Citizenship Clause. The Executive Order, which denied them birthright citizenship, is inconsistent with the Fourteenth Amendment.

How the justices split

7-2
In favor 7Against 2
Roberts
Sotomayor
Kagan
Gorsuch
Kavanaugh
Barrett
Jackson
Thomas
Alito

The Court's opinion

Roberts, joined by Sotomayor, Kagan, Gorsuch, Kavanaugh, Barrett, Jackson

The opinion of the Court held that children born in the United States to parents unlawfully or temporarily present are subject to the jurisdiction of the United States and are citizens at birth under the Fourteenth Amendment's Citizenship Clause, and that Executive Order No. 14160 is inconsistent with the Fourteenth Amendment. It affirmed the District Court's injunction against the Order.

Dissenting

Thomas, joined by Alito

The dissent would have held that children born in the United States to parents unlawfully or temporarily present are not subject to the jurisdiction of the United States for purposes of the Citizenship Clause, and that Executive Order No. 14160 is therefore consistent with the Fourteenth Amendment.

How we know · 5 sourced claims
  • The Court held that children born in the United States to parents unlawfully or temporarily present are subject to the jurisdiction of the United States and are citizens at birth under the Fourteenth Amendment's Citizenship Clause.

    Source: syllabus, Held

  • The Court held that Executive Order No. 14160 is inconsistent with the Fourteenth Amendment.

    Source: syllabus, Held

  • The Court affirmed the District Court's injunction against the Executive Order.

    Source: syllabus, Held

  • Roberts delivered the opinion of the Court, joined by Sotomayor, Kagan, Gorsuch, Kavanaugh, Barrett, and Jackson.

    Source: syllabus, lineup

  • Thomas filed a dissenting opinion, joined by Alito.

    Source: syllabus, lineup

Read the opinion on supremecourt.gov