July 2026 Citizenship Briefing: The Road After Barbara
How NCI reads the June 30 ruling — what it settled, what Justice Kavanaugh's concurrence left open, and where the lawful road runs now: through Congress and the amendment process.
Court activity
- Trump v. Barbara (2026)
The Court held that children born in the U.S. to parents unlawfully or temporarily present are citizens at birth, reaffirming Wong Kim Ark. Justice Kavanaugh concurred in the judgment only, resting on the statute.
- Trump v. CASA, Inc. (2025)
The related decision limiting universal injunctions — context for how the birthright litigation reached the Court.
Federal
- 8 U.S.C. § 1401 — citizenship at birth
The statute Justice Kavanaugh's concurrence rested on, and the vehicle his opinion identified for legislating exceptions.
Research updates
- The Statutory Path: A Legal Strategy After Trump v. Barbara
NCI's legal-strategy paper — the Kavanaugh theory, the categories Barbara left open, and a six-rung incremental ladder, with the amendment track in parallel.
- Birthright Citizenship and the Jurisdiction Requirement
The position paper making the allegiance-based case for the Citizenship Clause, and the road forward after Barbara.
State activity
- Where the states stand
Citizenship is federal, but states legislate on documentation and elections. Track current activity by state.