Court Affirms Birthright Citizenship for Most U.S.-Born Children

The majority opinion reaffirmed that most children born in the United States are citizens at birth. Chief Justice John Roberts wrote for the majority that the clause's text and history support citizenship for those born on U.S. soil and subject to its jurisdiction.

The decision noted that "subject to the jurisdiction" has long been understood to cover people who can be arrested or sued under U.S. law. The only major exception identified is individuals covered by diplomatic immunity.

The opinion observed that the phrase received a narrower reading only after immigration became a polarizing issue in the 1990s. That reading would limit citizenship to children whose parents were legally present. The majority found no support in the historical record for this narrower view.

" — Chief Justice John Roberts, Tuesday (Barbara v. Trump opinion) The opinion stated that from the amendment's adoption in 1868 until the 1990s, courts consistently interpreted the clause to grant citizenship at birth except for the narrow diplomatic-immunity category.

Officials had advanced a different reading that would exclude children of parents not legally present, but the majority said the historical record did not support that position.