June 30, 2026

Today, the Supreme Court held that birthright citizenship is still the law of the land, and many Americans let out a sigh of relief. But as my colleague (and expert court watcher) Pema Levy put it, this narrow 5–4 decision is no uncomplicated victory: It means the right to citizenship for children born to undocumented parents on American soil now “hangs by a thread.”

Birthright citizenship, and with it the idea that anyone born here has a shot at succeeding in this country, is deeply ingrained not only in American laws and institutions, but also in our national identity. The very notion of the American Dream is that once here, you, and especially your children, can succeed. If legal status is inherited, the dream is shattered. That is the real import of the Trump administration’s attempt to restrict birthright citizenship; not just to launch a cruel and chaotic experiment in sending federal officers into maternity wards, but to rewrite the fundamental character of the country, from a society of legal equals to one of inherited caste.

As Pema wrote, this reprieve is “not just a relief, but a warning.” Check out her analysis here.

— Sophie Hurwitz

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The Supreme Court Upholds Birthright Citizenship

The 5–4 decision shows the nation is one vote away from creating a subclass of children.

BY PEMA LEVY

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