The outcome of the Supreme Court of the United States’ (SCOTUS) hearing on birthright citizenship might signal a major sift in how the government handles green card applications from people using their citizen children as sponsors. If SCOTUS rules against the government’s proposed birthright citizenship changes, there might be a retaliatory policy limiting non-citizens with U.S. citizen children. Additionally, individuals who overstayed their visas might also face increased scrutiny if they pursue a green card through marriage. This all depends on SCOTUS’ ruling come June 30, 2026.

Background

The White House enacted the executive order “Protecting the Meaning and Value of American Citizenship” on January 20, 2025. The order rolls back birthright citizenship for individuals without a citizen or lawful permanent resident parent. A Circuit Court later blocked implementation of the order. The government appealed to SCOTUS in response.

Hearing Details

SCOTUS heard oral arguments on April 1, 2026. The justices seemed unconvinced by the government’s position. This points to SCOTUS ruling against the government, raising the risk of a retaliatory policy. The U.S. government wants to stop non-citizens from using their adult citizen children as green card sponsors. If they can’t implement the order they’ll increase government scrutiny for green card applicants with their children as their sponsors. If SCOTUS does concur with executive order, the longstanding understanding of birthright citizenship changes. Either way, staying up to date on development is critical.

As always, Immigration USA actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, we’re with you every step of the way.