FAIR: Supreme Court Gets Birthright Citizenship Wrong

Decision shows heightened importance of stopping illegal immigration

WASHINGTON, June 30, 2026 /PRNewswire/ -- Today, the Supreme Court of the United States decided Trump v. Barbara, a case challenging the President's executive order limiting birthright citizenship to children of U.S. citizens or lawful permanent residents. The Court agreed with the plaintiffs and struck down President Trump's directive. Accordingly, with the exception of the children of diplomats, and several other special cases, anyone born within the borders of the United States continues to be, as a matter of law, considered a citizen.

The Federation for American Immigration Reform (FAIR) had filed briefs in this case arguing that, pursuant to the Supreme Court's holding in United States v. Wong Kim Ark, only those authorized to remain in the United States by the federal government may confer birthright citizenship upon their children.

"The Court got the Constitution wrong, and because of that mistake, birthright citizenship for children of illegal aliens will continue to be a ballooning negative consequence of the failure to enforce our immigration laws," said Dale L. Wilcox, executive director and general counsel of FAIR. "But that very fact makes it all the more urgent to step up enforcement to the maximum possible extent and end illegal immigration. At FAIR, we will redouble our efforts to put an end to illegal migration, and thus cancel this and all its other negative consequences."

The case is Trump v. Barbara, No. 25-365 (Supreme Court).

To read the opinion click here.

To schedule an interview with one of FAIR's spokespersons, please contact Hayley Hill at [email protected].

SOURCE Federation for American Immigration Reform (FAIR)