Reviewed by Jane Katkova, Founder & Licensed CICC ConsultantOn 30 June 2026 the US Supreme Court decided Trump v. Barbara and struck down the executive order that sought to end birthright citizenship for children born in the United States to parents who are unlawfully or temporarily present. The vote was 6-3. The case was argued on 1 April 2026.
The holding in Trump v. Barbara
The Court held that children born in the United States to parents who are unlawfully or temporarily present are "subject to the jurisdiction" of the United States within the meaning of the Fourteenth Amendment's Citizenship Clause, and are therefore citizens at birth. The lower court's decision against the order was affirmed.
- Majority: Chief Justice Roberts wrote the opinion of the Court, joined by Justices Sotomayor, Kagan, Barrett and Jackson.
- Concurrences: Justice Jackson filed a concurring opinion. Justice Kavanaugh concurred in the judgment and dissented in part.
- Dissents: Justice Thomas dissented, joined by Justice Gorsuch. Justices Gorsuch and Alito each filed separate dissents.
The executive order was signed in January 2025, on the first day of the current presidential term, and had been blocked by lower courts throughout the litigation.
The position in Canada
Canada also grants citizenship to almost every child born on its soil, but the legal basis differs. In the United States the rule is constitutional, which is why an executive order could not change it. In Canada it rests on the Citizenship Act, so Parliament could amend it by ordinary legislation. During the passage of Bill C-3 in 2025, a Conservative amendment to limit citizenship by birth to children with at least one citizen or permanent resident parent was voted down in committee. The rule is unchanged as of October 2026.
What this means for applicants
For US residents on other passports, including those in H-1B, L-1, E-2, F-1 or TN status, the ruling removes the uncertainty of the past 18 months. A child born in the United States is a US citizen at birth whatever the parents' status, and the birth certificate remains sufficient evidence for a US passport application.
US citizenship carries lifelong obligations as well as rights. The child is subject to US taxation on worldwide income and to FBAR and FATCA reporting wherever they later live, and many countries, Canada included, also pass citizenship to the child by descent. Parents should confirm which citizenships the child holds and register the birth with each relevant authority.
Families comparing the two countries will find the Canadian rules, hospital costs and visitor requirements in our guide to childbirth in Canada, and the routes to US status for parents in our US residence overview. To plan around a specific due date and immigration status, book a consultation with us.