Supreme Court Decides That Birthright Citizenship Applies to Children born in the U.S. to Undocumented Foreign Parents

On June 30, 2026, the Supreme Court issued its opinion in Trump v. Barbara, No. 25-365, regarding the scope of birthright Citizenship under the Fourteenth Amendment and related statutes. Neutral Principles had filed its first amicus brief in that case, arguing that the text and history of the phrase “subject to the jurisdiction" of the United States unambiguously covered all those present in the United States absent a law or treaty whereby the United States renounced its jurisdiction over a class of persons (such as ambassadors). Having not done so regarding undocumented immigrants or their children born in the United States, the United States had jurisdiction over such children and they were citizens by birth. The Supreme Court held that such children are indeed U.S. citizens by birth. The opinions can be seen here. We will post more analysis of this decision and the lengthy opinions shortly.