A file photo of a pregnant woman who is due for labor
The US Supreme Court has upheld birthright citizenship in a 5-4 ruling, affirming that children born in the United States to parents who are unlawfully or temporarily in the country are citizens at birth under the US Constitution.
The ruling is important for many immigrant families, including Ghanaians who travel to the United States to give birth, because children born in the country will continue to automatically receive US citizenship, regardless of their parents' immigration status.
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The decision, delivered on June 30, 2026, came in the case of Trump, President of the United States, et al v. Barbara et al.
According to the Court's syllabus, the case centered on whether the Constitution guarantees citizenship to children born in the United States regardless of their parents' immigration status.
The dispute followed an executive order issued by President Donald Trump on January 20, 2025.
The order argued that children born to parents who were unlawfully or temporarily present in the United States were not "subject to the jurisdiction" of the country and therefore did not qualify for citizenship under the Fourteenth Amendment or the Immigration and Nationality Act.
Several parents challenged the executive order, arguing that it violated the Fourteenth Amendment and federal immigration law.
A district court agreed with the plaintiffs, certified a nationwide class of affected children, and temporarily blocked enforcement of the order before the case reached the Supreme Court.
In its ruling, the Supreme Court held that children born in the United States to parents who are unlawfully or temporarily present are protected by the Citizenship Clause of the Fourteenth Amendment.
"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 Court upheld.
The Court also said the Citizenship Clause must be understood in its historical context, noting that it drew from English common law and reflected the rejection of the Dred Scott v. Sandford decision.
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The ruling means children born in the United States to Ghanaian parents, including those without legal immigration status or those staying temporarily, will continue to be recognised as US citizens at birth under the Constitution.
BREAKING: U.S. Supreme Court votes to uphold Birthright Citizenship in a 5-4 ruling. pic.twitter.com/33rH8PzYXI
— America (@america) June 30, 2026
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