Children born in the United States to parents with tourist visas or those in the country unlawfully will now get American citizenship, the U.S. Supreme Court has ruled.

🇰🇪 Breaking It Down

The ruling made on Tuesday, June 30, came as a blow to U.S. President Donald Trump, who has consistently warned temporary residents or tourists against visiting the country for the purpose of giving birth.

In its ruling, the court held that such children are "subject to the jurisdiction" of the United States and therefore qualify for citizenship under the Fourteenth Amendment's Citizenship Clause.

"The question presented is whether the Constitution guarantees citizenship to children born in the United States of parents who are unlawfully or temporarily present in the country. Under the Citizenship Clause of the Fourteenth Amendment, "all persons born or naturalised in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside," the court said in its ruling.

📌 What You Need to Know

The case challenged Executive Order No. 14160, issued on January 20, 2025, which sought to deny automatic citizenship to children born in the United States whose parents are either undocumented or temporarily in the country.

In January 2025, Trump issued an executive order that children born in the United States to parents who are unlawfully or temporarily present here are not "subject to the jurisdiction" of the United States and thus do not qualify for citizenship.

The orders followed widespread reports that many foreigners travelled to the U.S using tourist visas for childbirth to obtain U.S. citizenship for their newborns.

According to the  State Department of Consular Affairs, it would deny visa applications for individuals with such intentions.

"Reminder, using your U.S. visa to travel for the primary purpose of giving birth in the United States so that your child will have U.S. citizenship is not permitted," the U.S. government warned in a statement in August 2025.

"Consular officers will deny your visa application if they have reason to believe this is your intent," it added.

📰 Source: Kenyans.co.ke