ARTICLE
2 July 2026

US Supreme Court Upholds Birthright Citizenship

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Herbert Smith Freehills Kramer LLP

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In a landmark ruling issued on June 30, 2026, the U.S. Supreme Court struck down President Trump’s executive order which sought to deny U.S. citizenship to children born on U.S.
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In a landmark ruling issued on June 30, 2026, the U.S. Supreme Court struck down President Trump’s executive order which sought to deny U.S. citizenship to children born on U.S. soil to parents who were either only temporarily present in a legal status in the United States or unlawfully present, holding that the Fourteenth Amendment's Citizenship Clause guarantees birthright citizenship to those children as persons "born in the United States." The practical effect of the decision is that children born in the United States to parents present on temporary visas (such as temporary workers, students, or tourists), as well as those born to undocumented parents, are U.S. citizens at birth, and the federal government may not deny them citizenship on the basis of their parents' immigration status.

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