The United States Supreme Court has reaffirmed that children born on American soil to undocumented immigrants or parents holding temporary visas are entitled to automatic US citizenship under the Constitution, dealing a significant legal setback to President Donald Trump’s efforts to restrict birthright citizenship.
The landmark ruling, delivered on Tuesday, June 30, declared that such children fall under the jurisdiction of the United States and therefore qualify for citizenship under the Citizenship Clause of the Fourteenth Amendment.
Court reaffirms constitutional protection
In its decision, the Supreme Court ruled that the Constitution guarantees citizenship to nearly everyone born in the United States, regardless of the immigration status of their parents.
The judges concluded that children born to parents who are either in the country unlawfully or temporarily remain subject to US laws and protections from birth, making them eligible for automatic citizenship.
The ruling preserves a long-standing constitutional interpretation that has existed for more than a century.
Trump’s executive order challenged
The case centered on Executive Order 14160, signed by President Donald Trump on January 20, 2025, which sought to deny automatic citizenship to babies born in the United States if their parents were undocumented immigrants or temporary visitors.
The administration argued that such children were not fully “subject to the jurisdiction” of the United States and therefore did not qualify for citizenship under the Constitution.
The executive order was part of a broader effort to discourage what the administration described as “birth tourism,” where foreign nationals travel to the United States to give birth so their children can obtain American citizenship.
Visa restrictions remain in place
Although the Supreme Court struck down the executive order, the US government continues to discourage travel for the primary purpose of obtaining citizenship for newborns.
The US Department of State has maintained that visa applicants can be denied entry if consular officers believe their main reason for travelling is to give birth in the United States to secure citizenship for their child.
The policy against so-called birth tourism remains separate from the constitutional question addressed by the Supreme Court.
Families challenged the order
Following the issuance of Trump’s executive order, multiple families and civil rights groups filed lawsuits arguing that the directive violated both the US Constitution and existing federal law.
The Supreme Court agreed, effectively blocking implementation of the order and preserving the constitutional guarantee of birthright citizenship.
The decision provides legal certainty for thousands of families whose immigration status had raised questions about their children’s citizenship rights.
Significance for Kenyans in the United States
The ruling is expected to reassure Kenyan families living, studying or working in the United States.
According to United Nations migration data, more than 170,000 Kenyan-born residents live in the US, with large communities in Minnesota, Texas, California and New York.
The Kenyan diaspora has expanded significantly in recent years, with many residents obtaining lawful permanent residence through Green Cards while others remain in the country under temporary visas.
The Supreme Court’s decision confirms that children born in the United States to these families will continue to receive American citizenship at birth, regardless of whether their parents are permanent residents, temporary visa holders or undocumented immigrants.
