Takeaways

• The U.S. Supreme Court held that the Fourteenth Amendment guarantees birthright citizenship to nearly all children born in the United States, regardless of their parents’ immigration status
• The Court held that Executive Order (EO) 14160, which sought to deny citizenship at birth to certain children born to parents who were unlawfully present or present in temporary immigration statuses, was unconstitutional
• The decision reaffirms more than a century of constitutional precedent interpreting the Citizenship Clause of the Fourteenth Amendment
• The ruling does not change employers’ existing obligations under Form I-9, E-Verify or other federal employment eligibility verification requirements

In today’s landmark Trump v. Barbara decision, the U.S. Supreme Court held that children born in the United States are citizens at birth regardless of whether their parents are present in the country unlawfully or temporarily. The Court concluded that Executive Order 14160 violates the Citizenship Clause of the Fourteenth Amendment and therefore cannot be enforced.

The decision resolves one of the most significant constitutional challenges to executive immigration authority in recent years and preserves the longstanding understanding of birthright citizenship in the United States. Although the decision has been broadly anticipated for its potential impact, today’s ruling preserves existing citizenship eligibility, preventing any changes to existing employment verification...

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