Washington, DC…the U.S. Supreme Court rules birthright citizenship even for immigrant parents is lawful. This overrides a Presidential Executive Order.

“The question presented is whether the Constitution guarantees citizenship to children born in the United States of parents who are unlawfully or temporarily present in the country. Under the Citizenship Clause of the Fourteenth Amendment, “[a]ll persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” On January 20, 2025, President Trump issued Executive Order No. 14160,titled Protecting the Meaning and Value of American Citizenship. The Order provides that children born in the United States of parents who are unlawfully or temporarily present here are not “subject to the jurisdiction” of the United States—and thus do not qualify for citizenship under the Fourteenth Amendment or the Immigration and Nationality Act (INA), which uses the same language. 90 Fed. Reg. 8449. Several parents filed suit, some in the name of their children, arguing that the Executive Order violates the Fourteenth Amendment and the INA. The District Court agreed, provisionally certified a nationwide class of children who would be denied citizenship by the Order, and preliminarily enjoined the Order’s enforcement. This Court granted certiorari before judgment.
Held: 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. Pp. 2–26.
(a) The Citizenship Clause must be understood in light of its historical context, from the English common law to the widespread condemnation of the Court’s decision in Dred Scott v. Sandford, 19 How. 393.” The full Opinion is Here

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