Record / E-2026-0002
Supreme Court holds Executive Order 14160 unconstitutional in Trump v. Barbara
In Trump v. Barbara, No. 25-365, decided June 30, 2026, the Supreme Court held that children born in the United States to parents unlawfully or temporarily present are citizens at birth under the Citizenship Clause of the Fourteenth Amendment, and affirmed the judgment against Executive Order 14160. Chief Justice Roberts delivered the opinion of the Court, joined by Justices Sotomayor, Kagan, Barrett, and Jackson. Justice Kavanaugh concurred in the judgment on statutory grounds under 8 U.S.C. 1401(a) and dissented in part. Justice Thomas dissented, joined by Justice Gorsuch, and Justices Alito and Gorsuch filed separate dissents.
Context
Earlier secondary accounts of the vote lineup conflicted, and this entry is marked verified_modified because it replaces both with the lineup stated in the slip opinion syllabus. The opinion of the Court had five justices, and the judgment count was 6 to 3 including Kavanaugh's concurrence in the judgment. Neither prior account's description of the dissents matched the syllabus: no dissent was joined by Thomas, and the three dissenters dissented outright rather than in part. The Court took the case on certiorari before judgment to the First Circuit.
Legal status
Trump v. Barbara, No. 25-365, 609 U.S. ___ (U.S. June 30, 2026). Holding: children born in the United States to parents unlawfully or temporarily present are subject to the jurisdiction of the United States and are citizens at birth under the Fourteenth Amendment's Citizenship Clause; Executive Order 14160 is unconstitutional.
Sources
The document identifier is the citation. The URL is a resolution mechanism, and the archived copy is what the citation resolves to when the live link dies.
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Trump v. Barbara, slip opinion
No. 25-365, 609 U.S. ___ (U.S. June 30, 2026)
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Amy Howe, Supreme Court strikes down Trump's order ending birthright citizenship
SCOTUSblog, Amy Howe, June 30, 2026