Trump v. Barbara

The Supreme Court ruled 5-4 that children born in the United States to parents who are unlawfully or temporarily present are U.S. citizens at birth. It rejected the executive order that would have denied recognition of citizenship to those children.

Chief Justice Roberts wrote the 5–4 opinion, joined by Justices Kagan and Barrett; Justices Sotomayor and Jackson concurred; Justices Kavanaugh, Thomas, Gorsuch, and Alito dissented.

Majority

Roberts

Sotomayor

Kagan

Barrett

Jackson

Dissent

Kavanaugh

Thomas

Gorsuch

Alito

“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.”

“This is one of the most important decisions in the history of the Court, and in my judgment, the Court has made a serious mistake.”

Children born in the United States to parents without lawful status or with temporary status remain citizens at birth. Federal agencies cannot use the executive order to deny recognition of their citizenship.

Federal agencies must continue recognizing citizenship for children covered by the ruling. Lower courts and affected families must apply the Court's interpretation of the Citizenship Clause.

The Court ruled that children born in the United States to unlawfully or temporarily present parents are citizens at birth.

They remain U.S. citizens at birth. The executive order cannot be used to deny recognition of their citizenship.

Yes. The Court said the Fourteenth Amendment grants citizenship at birth to the children at issue.

Federal agencies must follow the decision and recognize citizenship for affected children. Lower courts must apply the Court's interpretation in related cases.