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1 7월 2026
Insight
In a landmark ruling issued on June 30, 2026, the U.S. Supreme Court struck down President Trump’s executive order which sought to deny U.S. citizenship to children born on U.S. soil to parents who were either only temporarily present in a legal status in the United States or unlawfully present, holding that the Fourteenth Amendment's Citizenship Clause guarantees birthright citizenship to those children as persons "born in the United States." The practical effect of the decision is that children born in the United States to parents present on temporary visas (such as temporary workers, students, or tourists), as well as those born to undocumented parents, are U.S. citizens at birth, and the federal government may not deny them citizenship on the basis of their parents' immigration status.
If you have any questions or need additional information about this alert, please feel free to contact the HSF Kramer Immigration Group.
Key contacts
Mark D. Koestler
Partner, Head of Business Immigration, US, New York
Matthew S. Dunn
Partner, Head of Business Immigration, US, New York
Scott A. Gorski
Partner, New York
Allison D. Gray
Counsel, New York
Melissa B. Drennan
Senior Associate, New York
Tatiana Kashuta
Senior Associate, New York
Ella Leviyeva
Senior Associate, New York
Tao Li
Senior Associate, New York
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The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills Kramer 2026