Hiba Ghalib 6/30/26 Hiba Ghalib 6/30/26

Immigration Update: Two Major Supreme Court Decisions That Could Affect Millions

Immigration Update

Birthright Citizenship and TPS: Two Major Supreme Court Decisions That Could Affect Millions

By Attorney Hiba Ghalib

The U.S. Supreme Court has issued two major immigration decisions within the past week that will affect millions of immigrants and their families. One ruling preserves a longstanding constitutional protection, while the other allows the federal government to move forward with ending humanitarian protections for hundreds of thousands of people.

Here's what you need to know.

Birthright Citizenship Remains Protected

On June 30, 2026, the Supreme Court issued its decision in Trump v. Barbara, rejecting the Administration's attempt to end birthright citizenship through executive order.

The Court held that children born in the United States to parents who are undocumented or present on temporary visas are entitled to U.S. citizenship under the Fourteenth Amendment. The executive order, which had been blocked by lower courts before it ever took effect, remains unenforceable as a result of the Court's decision.

What does this mean?

For now, the law has not changed.

Children born in the United States continue to acquire U.S. citizenship at birth, regardless of whether their parents are undocumented or are in the country on temporary immigration status, with the very limited exceptions that have long existed under U.S. law.

Although President Trump has indicated he may seek legislation addressing birthright citizenship, any future proposal would face significant constitutional and legal hurdles. The Supreme Court's decision reinforces more than a century of legal precedent interpreting the Citizenship Clause of the Fourteenth Amendment.

For families who have been worried about this issue over the past year, today's decision provides important clarity and stability.

Supreme Court Allows TPS Terminations to Move Forward

In a separate decision issued just days earlier, the Supreme Court allowed the Administration to move forward with terminating Temporary Protected Status (TPS) protections for Haiti and Syria.

The Court concluded that federal law largely prevents courts from reviewing the Department of Homeland Security's decisions to designate or terminate TPS, allowing the Administration's termination decisions to proceed while litigation continues.

Why this matters

This decision could ultimately affect more than one million individuals who rely on Temporary Protected Status to live and work legally in the United States.

TPS was created by Congress as a humanitarian protection for individuals whose home countries are experiencing armed conflict, natural disasters, or other extraordinary conditions that make safe return impossible or extremely dangerous.

Many TPS beneficiaries have lived in the United States for years, established careers, purchased homes, raised U.S. citizen children, and become deeply rooted in their communities.

Although the Administration has emphasized that TPS is intended to be temporary, many advocates and immigration attorneys remain concerned that conditions in countries such as Haiti and Syria continue to present serious humanitarian and security challenges. The decision therefore raises significant concerns for families who may now face the possibility of losing lawful work authorization and protection from removal.

What Should You Do If You Are Affected?

These decisions demonstrate how quickly immigration law can change and why it is important to understand how new rulings affect your specific circumstances.

If you currently have TPS, are concerned about your immigration status, or have questions about how these Supreme Court decisions may impact you or your family, now is the time to seek individualized legal advice.

Every immigration case is different, and there may be options available depending on your immigration history, family relationships, employment, humanitarian eligibility, or other factors.