1. My baby will be born in the United States. Will my child be a U.S. citizen?
   Yes. If your child is born on U.S. soil, your child is a U.S. citizen at birth. The Supreme Court confirmed this on June 30, 2026.
   Born here means citizen here — and now it’s the law of the land, again.

2. Does it matter what visa I am on?
   No. It does not matter if you are on H-1B, H-4, L-1, F-1, a tourist visa, or even if you have no status at all. What matters is that the child is born in the United States.
   You came on a temporary visa. Your child’s citizenship is permanent.

3. What law gives my child citizenship?
   The Fourteenth Amendment to the U.S. Constitution. It says anyone “born … in the United States, and subject to the jurisdiction thereof” is a citizen.

  4. What was the Supreme Court case about?
     President Trump signed an Executive Order in January 2025 saying children of parents who are here unlawfully or temporarily would not be citizens. Parents sued. The case is called Trump v. Barbara.

5. What did the Supreme Court decide?
   The Court struck down the Executive Order. It ruled that children born here to parents who are unlawfully or temporarily present ARE U.S. citizens at birth.

6. Was the decision close?
   The vote to strike down the order was 6 to 3. The main legal reasoning — that the Constitution itself protects birthright citizenship — was supported by 5 of the 9 justices.

7. So is birthright citizenship safe now?
   Yes, as the law stands today. The Executive Order cannot be enforced, and U.S.-born children of immigrants are citizens.

8. Can the President bring back this rule with a new Executive Order?
   No. The Supreme Court said the rule is unconstitutional. A President cannot override the Constitution with an Executive Order.
   An Executive Order can be signed today and erased tomorrow. The Constitution doesn’t bend that easily.

9. Can Congress pass a law to end birthright citizenship?
   No — not by an ordinary law. Because the Supreme Court based its decision on the Constitution, a regular law from Congress cannot change it. A law cannot override the Constitution.

10. Then how could birthright citizenship ever be changed?
    Only in two ways: (a) by amending the Constitution itself, or (b) if a future Supreme Court reverses this decision. Both are very difficult.

11. What does it take to amend the Constitution?
    A lot. First, two-thirds of the House AND two-thirds of the Senate must approve it. Then, three-fourths of the states — 38 out of 50 — must agree to it.

12. Is that easy to do?
    No. It is one of the hardest things to do in American law. If just 13 states say no, the change fails. On a divisive topic like this, getting 38 states to agree is almost impossible.
    Just 13 states saying “no” can kill any amendment. Birthright citizenship isn’t going anywhere.

13. Has the Constitution ever been amended on something this big?
    It has only been amended 27 times in over 230 years. Changing something as fundamental as citizenship would be extremely rare and very hard.

14. Does the President have any role in amending the Constitution?
    No. The President cannot sign or veto a constitutional amendment. It goes through Congress and the states, not the White House.

15. If a future administration really wanted to end birthright citizenship, what would it actually have to do?
    It would have to push for a full constitutional amendment — passing two-thirds of both houses of Congress and getting 38 states to ratify. An Executive Order or a simple act of Congress would not be enough. This is true for any administration, now or in the future.

16. My child was already born here before this case. Is my child still a citizen?
    Yes. Children already born in the United States are citizens. Nothing in this decision takes that away.

17. I am planning to leave the U.S. soon after my baby is born. Is my child still a citizen?
    Yes. Once the child is born on U.S. soil, the child is a U.S. citizen — even if the family leaves the country afterward.

18. Will my child get a U.S. passport and birth certificate?
    Yes. A child born in the U.S. is entitled to a U.S. birth certificate from the state, and can get a U.S. passport like any other citizen.

19. Does my child being a U.S. citizen help my own immigration case?
    Not right away. A U.S. citizen child can only sponsor a parent for a green card after the child turns 21. So it does not give parents immediate immigration benefits, but it is important for the family’s long-term future.

20. Could this decision be challenged again in the future?
    A future Supreme Court could, in theory, revisit it — but courts usually respect their own past decisions. For now, birthright citizenship is settled law, and families expecting children in the U.S. can rely on it. The President can’t touch it. Congress alone can’t touch it. Only the Constitution itself can — and that door is shut.
    

By: Raul Reddy

Rahul Reddy is the founding partner of Reddy Neumann Brown PC. He founded our firm in 1997 and has over 28 years of experience practicing employment-based immigration. Rahul‘s vast knowledge of the complex immigration system makes him an invaluable resource and an expert in the field. His personal experience with the immigration system has made him empathetic to each of his clients’ cases and empowered him to help others achieve the American Dream.

Rahul‘s dedication to serving the immigrant community is evident, from his daily free conference calls to his weekly immigration Q&As on Facebook and YouTube Live. He is an active member of the immigrant community and one of the founders of ITServe Alliance. He has been a member of American Immigration Lawyers Association since 1995.