Supreme Court protected birthright citizenship. Here’s what it didn’t do

Published July 6, 2026 2:24pm ET



The Supreme Court last week struck down an executive order in Trump v. Barbara, over whether a president can redefine birthright citizenship by executive action. The answer was no.

Chief Justice John Roberts, writing for the majority, held that children born on American soil to parents unlawfully or temporarily present are “subject to the jurisdiction” of the United States, and are thus citizens at birth under the Fourteenth Amendment. 

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