Supreme Court upholds birthright citizenship 6–3; second executive order also blocked
On June 30, the Supreme Court held in Trump v. Barbara that Executive Order 14160 violates the 14th Amendment. On Aug. 6 the White House issued EO 14418, aimed at “birth tourism” and other groups; on Sept. 2 a federal court in Maryland preliminarily enjoined it for members of a certified class.
Key points
- The ruling: children born in the U.S. are citizens even if their parents are here unlawfully or temporarily.
- The second order: EO 14418 targets children of people who used commercial arrangements to “purchase or access” birthright citizenship, foreign-government personnel and “alien enemies”; a companion order tightens visas and entry for travel to give birth.
- Status: a Maryland federal court barred enforcement of the challenged provisions of EO 14418 against members of the certified class in the CASA case.
- Families on H-1B, F-1 and other lawful temporary status: children born in the U.S. are citizens and are not affected.
What the Supreme Court decided
Executive Order 14160, signed Jan. 20, 2025, directed federal agencies to stop recognizing citizenship for some U.S.-born children: those whose mother was in the country unlawfully or only temporarily — on a student, work or tourist visa, for example — and whose father was not a citizen or permanent resident. Lower courts blocked the order, and it never took effect.
On June 30, 2026, in Trump v. Barbara (No. 25-365), the Supreme Court ruled 6–3 that the order violates the Citizenship Clause of the 14th Amendment. Writing for the majority, Chief Justice John Roberts relied on the 1898 Wong Kim Ark decision, holding that children of parents present unlawfully or temporarily are “subject to the jurisdiction” of the United States and are citizens at birth. The court rejected the government’s theory that birthright citizenship extends only to children of parents domiciled in the U.S. Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented.
Whom the second order targets
On Aug. 6, the president signed EO 14418, narrowing the targets to children of three groups: people who used commercial arrangements to “purchase or access” birthright citizenship, people connected to foreign governments or organizations, and people designated “alien enemies.” A separate order signed the same day tightens visas and entry for travel aimed at giving birth in the U.S.
On Sept. 2, U.S. District Judge Deborah Boardman in Maryland issued a preliminary injunction barring the government from enforcing the challenged provisions against members of the certified class in the CASA case. She found that, whatever implementing guidance says, the order itself directs agencies to deny citizenship documents to broad categories of children. The government argued the new order is far narrower than the first.
How many children are at stake
CDC reports fewer than 10,000; shown at that ceiling. The CIS estimate of 22,000–26,000 a year is contested. The U.S. records about 3.6 million births a year.
Sources: Migration Policy Institute (MPI), Center for Immigration Studies (CIS), CDC. Chart by Hibee.
| Item | Value |
|---|---|
| If EO 14160 took effect (MPI estimate) | 255,000 |
| Birth tourism, high estimate (CIS) | 26,000 |
| Mothers residing abroad (CDC, 2024) | 10,000 |
The Migration Policy Institute (MPI) estimates that if EO 14160 had taken effect, about 255,000 U.S.-born babies a year would not have received automatic citizenship, and the unauthorized population could grow by an additional 2.7 million by 2045. “Birth tourism,” by contrast, has no official count: the CDC recorded fewer than 10,000 births in 2024 to mothers residing abroad, and the Center for Immigration Studies, which favors lower immigration, estimates 22,000 to 26,000 a year, a figure that is contested. The U.S. records about 3.6 million births a year.
What it means for you
- Families on H-1B, F-1, L-1 or other lawful temporary status: a child born in the U.S. is a U.S. citizen; apply for the birth certificate, passport and Social Security number as usual.
- Traveling on a B visa mainly to give birth: this can already be treated as visa fraud, and the State Department has been able to refuse visas on that basis since 2020. The new orders go further; EO 14418 is blocked for now, but the government can appeal.
- Families in which a parent has ties to a foreign government should get a case-specific assessment.
Timeline
- EO 14160 signed
- In Trump v. CASA, the Supreme Court limits universal injunctions; challenges shift to class actions
- Supreme Court rules EO 14160 unconstitutional
- EO 14418 and the birth-tourism order signed
- Maryland federal court preliminarily enjoins EO 14418
Sources
- U.S. Supreme Court: Docket No. 25-365
- Greenberg Traurig: Analysis of the ruling
- Envoy: The Maryland court injunction
- Associated Press: Second order blocked
- Time: The two Aug. 6 orders
Research and further reading
Wondering what this means for your case?
Hibee’s team can assess it against your status, timeline and employer.
This article reflects public information as of Oct. 2, 2026. It is for general information only and is not legal advice. Hibee is not a law firm; for your specific case, rely on the latest official guidance and a licensed attorney.
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