06/30/2026
Today, the United States Supreme Court issued one of the most significant immigration decisions in decades.
In a 6-3 decision, the Court held that the Fourteenth Amendment guarantees United States citizenship to children born in the United States, even when their parents are unlawfully present or only temporarily present in the country.
The Court concluded that the Constitution's Citizenship Clause, together with more than 150 years of constitutional history and longstanding Supreme Court precedent, protects birthright citizenship for children born on American soil who are subject to the jurisdiction of the United States. The decision rejects Executive Order 14160, which sought to limit automatic citizenship based on a parent's immigration status.
The majority opinion, authored by Chief Justice John Roberts, relied heavily on the historical origins of the Fourteenth Amendment and reaffirmed the Supreme Court's landmark decision in United States v. Wong Kim Ark (1898). The Court emphasized that its ruling addresses citizenship at birth only. It does not provide lawful immigration status to parents, prevent removal proceedings, or otherwise change existing immigration laws.
The decision was not unanimous. Justices Thomas, Alito, and Gorsuch each filed dissenting opinions, offering differing constitutional interpretations of the Citizenship Clause and the meaning of the phrase "subject to the jurisdiction thereof."
Regardless of where one stands on immigration policy, today's decision is a landmark constitutional ruling that will shape immigration law for years to come.
At Saluja Law, we will continue to monitor developments affecting immigrants, families, employers, and our communities. If you have questions about how this decision may affect your family or your immigration case, we are here to help.