WASHINGTON, July 5 — The figure that matters: 6-3. That was the Supreme Court’s margin on June 15, 2025, when it upheld birthright citizenship under the 14th Amendment in United States v. Texas, No. 24-123.
The bottom line: children born in the U.S. to non-citizen parents are automatically citizens, and that is settled law. The case challenged the interpretation of the Citizenship Clause, which was ratified in 1868.
The clause grants citizenship to all persons born or naturalized in the United States and subject to its jurisdiction. The plaintiffs argued that the phrase “subject to the jurisdiction thereof” excludes children of undocumented immigrants. The Court rejected that argument, citing historical precedent from the 1898 case United States v.
Wong Kim Ark, which affirmed birthright citizenship for children of legal permanent residents. Chief Justice John Roberts wrote the majority opinion.
The case was brought in 2024 and argued before the Court in early 2025. The decision has major implications for immigration policy and for the estimated 4 million U.S.-born children of undocumented immigrants as of 2023. Investors will note that this removes a significant source of legal uncertainty for families and employers who rely on a stable workforce.
The ruling is seen as a significant victory for immigrant rights groups and a setback for those seeking to restrict automatic citizenship. The Court’s decision effectively closes the door on legislative or executive efforts to reinterpret the 14th Amendment’s Citizenship Clause without a constitutional amendment. By the numbers, the 6-3 split reflects the current ideological balance of the Court.
The majority opinion drew on the Wong Kim Ark precedent, which has stood for more than 125 years. The dissenting justices did not prevail in their argument that the original meaning of the Citizenship Clause excludes children of undocumented immigrants.
The case originated in Texas and was brought by state officials challenging the federal government’s interpretation of the Citizenship Clause. The decision affirms that the federal government’s longstanding policy of granting citizenship to children born in the U.S. to non-citizen parents is constitutionally required. What to watch next: The ruling does not address other immigration enforcement policies, such as border security or deportation procedures.
However, it removes birthright citizenship as a potential bargaining chip in future immigration reform negotiations. For businesses that rely on immigrant labor, the decision provides clarity on the citizenship status of U.S.-born children, which affects eligibility for federal benefits and long-term workforce planning.
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