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Friday, October 30, 2026

Supreme Court's Birthright Citizenship Ruling: What HR Needs to Know Now - HRMorning

In Trump v. Barbara, the U.S. Supreme Court rejected the Administration’s attempt to limit birthright citizenship by executive action and left intact the Fourteenth Amendment’s guarantee that children born in the United States are U.S. citizens at birth, regardless of their parents’ immigration status.

Although the birthright citizenship ruling removes one source of uncertainty, employers are still facing a busy second half of the year, with major developments expected on H-1B costs, prevailing wage requirements, and the rules affecting international students and other nonimmigrant workers.

What the Supreme Court Decided

The Court’s decision reaffirmed the constitutional principle that individuals born in the United States are citizens from birth, subject to a narrow and historically recognized exception for children born to foreign diplomats. The ruling rejected the federal government’s effort to narrow that rule through an executive order.

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From a practical standpoint, the ruling does not change an employer’s existing operations. The ruling also reinforces a practical boundary: Sweeping changes to U.S. citizenship cannot be made through unilateral executive action. Immigration policy may change through regulation, agency action, litigation, or legislation, but employers...



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