Immigration Attorney Reacts to the Supreme Court’s Birthright Citizenship Decision
On June 30, 2026, the U.S. Supreme Court decided that all children born within the borders of the United States are U.S. citizens. This has been the law of the United States for more than a century. The current administration attempted to redefine birthright citizenship through an executive order, and the Supreme Court voided that effort.
I believe we should celebrate this decision by the Supreme Court. I don’t believe the U.S. Constitution or federal law can reasonably be interpreted any other way than the Court has interpreted them. In my view, invalidating the executive order that sought to end the legal effect of birthright citizenship was legally the correct outcome.
I also believe that if the President wants to change this policy, it must be done through an amendment to the U.S. Constitution, not by the stroke of a pen. This decision is a strong reminder that we do not have kings in the United States who can change the law by fiat or executive order. Everyone in the United States, including the President, is subject to the rule of law, and the Constitution remains the supreme law of the land.
This decision is also a reminder to the administration that only Congress has the power to make laws and that the Constitution can only be changed through the amendment process. In fact, the President has stated that he will now urge Congress to pursue the changes he seeks through legislation, acknowledging that he does not have the authority to accomplish those changes through executive action alone, regardless of how strongly he may wish to do so.
I hope this decision puts this issue to rest for good.
— Garry Davis
Garry Davis
Lead Attorney and Founder of Davis & Associates
Garry Davis is a Board Certified Immigration and Nationality Law specialist by the Texas Board of Legal Specialization who practices immigration law exclusively. His work focuses on deportation defense, employment and investment immigration, family based cases, appeals, and federal court litigation. He is a frequent national speaker for AILA and continuing legal education programs and has been widely recognized by Super Lawyers, and U.S. News.
Years of Experience: 25+ years of high-level immigration experience