U.S. Supreme Court Reaffirms Birthright Citizenship

On June 30, 2026, the U.S. Supreme Court issued a landmark 6–3 ruling in Trump v. Barbara, striking down Executive Order 14160. The Court reaffirmed that the Fourteenth Amendment guarantees automatic birthright citizenship to children born in the United States, regardless of their parents’ immigration or visa status. This historic decision preserves stability for employers and foreign workers.

Understanding Birthright Citizenship

The principle of birthright citizenship is that anyone born on U.S. soil is an American citizen at birth. It is protected by the Fourteenth Amendment, adopted in 1868.

What This Means for International Employees

• Rights Preserved: Children born in the U.S. to temporary visa holders will continue to remain automatic U.S. citizens.
• Visa Timelines: Employees’ personal visa status, green card sponsorship timeline, and work authorization are not impacted.

Key Takeaways for Employers

• Workforce Stability: International workers holding employment visas (ex. H-1B, L-1, O-1 and TN visas) will have workforce stability.
• Compliance: There are no changes to Form I-9, E-Verify, or the employment eligibility verification workflows.
• Parental Status: The ruling has no impact on/grants no changes to the legal status or green cards policies relating to parents themselves.
• Global Mobility: Employers should ensure global mobility programs properly log U.S.-born children as U.S. citizens where applicable.

For specific questions, please contact your Gibney attorney or email info@gibney.com.

Amy McCoy