Birthright citizenship has been in the news all year. The legal picture is clearer than the headlines suggest: a child born in the United States is a U.S. citizen at birth, with narrow exceptions, and the Supreme Court reaffirmed that in June 2026. Many popular beliefs about what that citizenship does for parents, however, are wrong.
What the Constitution says
The Fourteenth Amendment provides that all persons born in the United States and subject to its jurisdiction are citizens. The Supreme Court held in 1898, in United States v. Wong Kim Ark, that this covers children of noncitizen parents, with narrow exceptions such as children of foreign diplomats.
What happened in 2025 and 2026
- January 2025: Executive orderA directive from the President to federal agencies and officials about how to run the executive branch and carry out the law. Executive orders are numbered and published in the Federal Register, and they generally bind the executive branch.See it in the glossary 14160 sought to deny citizenship to children of certain noncitizen parents.
- June 27, 2025: in Trump v. CASA, the Supreme Court limited universal injunctions without deciding the order’s legality.
- June 30, 2026: in Trump v. Barbara, the Court held 6 to 3 that the order violated the Fourteenth Amendment.
- August 6, 2026: the President signed Executive Order 14418, listing new categories of U.S.-born children the administration says are not citizens, including some tied to birth tourism and surrogacy, and Executive Order 14419 on birth tourism.
- September 2, 2026: a federal judge in Maryland preliminarily blocked Executive Order 14418 as to a certified class, according to Fragomen. The government is expected to appeal.
We covered the Maryland ruling in our court report and the birth tourism order in our EO 14419 explainer.
Myth: A U.S.-born child gives parents legal status
False. A child’s citizenship does not give parents any immigration status. A citizen child can petition for parents only after turning 21, and parents must still qualify and be admissible. A parent who entered without inspection generally cannot adjust in the United States. See the rules for sponsoring parents.
Myth: A citizen child prevents a parent’s removal
False. Having a U.S. citizen child can be relevant to some forms of relief, such as Cancellation of removalA form of relief in which an immigration judge can cancel a removal order (INA 240A). For green card holders it generally requires at least 5 years as a permanent resident, 7 years of continuous residence after admission in any status, and no aggravated felony conviction. For others it generally requires 10 years of continuous physical presence, good moral character, no disqualifying convictions, and exceptional and extremely unusual hardship to a U.S. citizen or permanent resident spouse, parent or child.See it in the glossary, which has strict requirements. It does not by itself stop removal.
Myth: Birth tourism is a legal shortcut
False, and increasingly risky. Traveling on a visitor visa primarily to give birth is not a permissible purpose for a B visa. On September 23, 2026, the State Department announced visa restrictions targeting people who engage in or facilitate commercial birth tourism, as we reported. Misrepresenting the purpose of a trip can also create a lasting InadmissibilityA finding that a person is not eligible for a visa, admission or a green card under the grounds listed in INA 212(a). The grounds cover health, crimes, security, public charge, misrepresentation, unlawful presence, prior removal and others. Some grounds can be waived.See it in the glossary finding.
Myth: Children born abroad to Americans are automatically citizens
Only if requirements are met. Citizenship at birth abroad depends on the parents’ citizenship and, usually, the citizen parent’s prior physical presence in the United States. See citizenship through a parent.
Myth: Dual citizenship is not allowed
False. U.S. law does not require a U.S.-born citizen to give up another nationality they acquired at birth, though other countries have their own rules. U.S. citizens must enter and leave the United States on a U.S. passport.
Proving citizenship
A U.S. birth certificate is primary proof for most people born in the United States. The State Department has drafted a rule on documentation for children’s passports, which we covered. Families should follow current passport application instructions.
What remains uncertain
The Barbara decision settled the 2025 order. Litigation over Executive Order 14418 continues, and appeals could change the scope of current injunctions. Follow official agency guidance issued after court rulings, not rumors.
What changes for parents with pending cases
Parents with their own pending immigration cases should keep them separate from their child’s citizenship. The child’s birth does not add a new category for the parents, and it does not affect Visa BulletinA monthly State Department publication showing which family and employment visa categories currently have visas available.See it in the glossary dates or eligibility. The main practical effect is on documentation: register the birth promptly, obtain certified birth certificates, and apply for the child’s passport under current instructions.
Children born abroad and documentation
For children born abroad to U.S. citizen parents, the Consular Report of Birth Abroad is the main proof of citizenship. Parents typically apply at a U.S. embassy or consulate, with evidence of their own citizenship and of the required physical presence in the United States before the birth. Applying early, while records are easy to gather, saves problems later.
Losing citizenship
U.S. citizenship by birth is not lost by living abroad or holding another nationality. It can be relinquished only through specific voluntary acts performed with the intent to give it up, such as formal renunciation at a U.S. consulate.
Key points to remember
- Birth in the United States confers citizenship under the Fourteenth Amendment, as the Supreme Court reaffirmed in June 2026.
- The August 2026 executive order on birthright citizenship is blocked as to a certified class while litigation continues.
- A child’s citizenship gives parents no immediate status.
- Birth tourism carries visa risks under current State Department policy.
- Citizenship through parents abroad has separate rules and documentation.
Common questions
Is a child born in the U.S. to tourists a citizen?
Under the Supreme Court’s June 2026 decision, children born in the United States to parents who are lawfully or unlawfully present, including temporarily present, are citizens, with narrow exceptions. Litigation over the August 2026 order continues, so check current guidance.
Can the President end birthright citizenship?
The Supreme Court held in Trump v. Barbara that the 2025 executive order violated the Constitution. Changing the constitutional rule would require a constitutional amendment or a later Supreme Court decision.
Does birth in a U.S. territory count?
Citizenship rules for territories are set largely by federal statute and differ by territory.
Will my child’s citizenship be questioned when applying for a passport?
Families should follow current passport instructions and keep birth records. Agencies issued guidance on the August order, but a court has blocked its application to the certified class.