Birthright Citizenship Upheld as State Policies on Immigration Enforcement Move Forward

US Supreme Court upholds birthright citizenship in 6-3 decision on Trump v. Barbara as state and local immigration enforcement policies continue to rollout.

The U.S. Supreme Court’s decision in Trump v. Barbara has preserved the longstanding principle of birthright citizenship, rejecting a recent federal effort to deny citizenship to certain children born in the United States.

Chief Justice John Roberts from the majority opinion:

Citizenship, then and now, was the right to have rights—to freely participate in our political community. The Framers of the Fourteenth Amendment extended that promise to every free-born person in this land. We keep that promise today.

The decision also comes as Maryland Attorney General Anthony Brown has continued to reaffirm that local federal immigration actions must remain within constitutional and legal limits. Maryland officials have increasingly focused on ensuring that residents understand their rights and that local law enforcement and government agencies are not pulled into unlawful federal immigration enforcement activities. The Maryland Office of the Attorney General has released updated guidance for state and local government agencies, particularly as it relates to cooperation with federal agencies, to ensure public safety officials are not unknowingly violating the rights of residents or acting outside the scope of their authority.

From Attorney General Brown’s press release:

This ruling is a victory for our Constitution and the promise that every child born in the United States deserves to help shape its future. It is a victory for nervous parents, terrified that the Court would cast doubt on whether their children are U.S. citizens. And it is a victory for the rule of law, ensuring that the President cannot rewrite the Constitution simply because he does not like the rights it gives the people he has sworn to serve.

For state and local officials, the ongoing legal battles underscore the practical consequences of federal enforcement decisions that can require local governments to respond when arrests, detentions or other actions are later challenged in court. Brown’s work, along with Maryland’s broader efforts to protect immigrant communities, reflects the state’s position that immigration enforcement should be carried out lawfully and with appropriate safeguards, while the courts continue to determine the limits of federal authority.

Issues concerning immigration policies and immigrant communities will be top of mind at the 2026 MACo Summer Conference session, “Immigration Policy Shifts Across All Levels of Government.” This session will take place Friday, August 14 from 1:00 – 2:00PM. MACo’s Summer Conference, “Build What’s Next,” takes place August 12–15, 2026, at the Roland Powell Convention Center in Ocean City, Maryland. For more information, visit the conference website.

Learn more about MACo’s Summer Conference: