Trump v. Barbara
The Court Upholds Birthright Citizenship for Children of Migrants
Trump v. Barbara was featured in Birthright Citizenship Supreme Court Debates (May 2026). The following is excerpted from the 6-3 majority opinion written by Chief Justice John Roberts, as prepared by the Court Reporter of Decisions. 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. The citizenship clause must be understood in light of its historical context, from the English common law to the widespread condemnation of the court’s decision in Dred Scott v. Sandford (1857). Under…