In light of a recent Supreme Court decision and executive order, knowing US birthright citizenship law is more complicated and imperative than ever.
If you are wanting to learn US birthright citizenship law today—what you need to know, this article offers a brief, high-level overview of what the law is, recent changes, and their implications for families, immigrants, and the country.
What is Birthright Citizenship?
Birthright citizenship is a fundamental legal principle found in the Fourteenth Amendment to the US Constitution, which provides that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” This means that with a few exceptions, if you are born on US soil – regardless of your parents’ status – then you are a US citizen.
The Supreme Court confirmed this reading of the law in the 1898 case United States v. Wong Kim Ark, which ruled that children born in the United States to immigrant parents are US citizens, even where their parents are neither citizens nor lawful permanent residents.
Recent Legal Updates: Executive Order and Supreme Court Decision
On January 20, 2025, President Donald Trump issued Executive Order No. 14160, specifically targeting children born in the United States to non-citizen parents such that they would not be automatically granted US citizenship if the child’s mother was physically present without lawful status or present temporarily, and/or if the child’s father was neither a US citizen nor a lawful permanent resident. The order was set to go into effect 30 days after the issuance (February 19, 2025), but was immediately challenged in court by immigrant rights groups and 22 states.
In a number of states, federal judges issued nationwide injunctions to halt the executive order and prevent any enforcement of the executive order from occurring within those states or nationwide. The Trump administration appealed those injunctions arguing that federal judges cannot issue nationwide blocks on executive orders. The Supreme Court, on June 27, 2025, ruled to restrict the nationwide injunctions on executive orders allowing the administration to implement its policy in the majority of states where injunctions were not imposed or where lawsuits were still pending.
What does this mean for families today?
The situation is currently evolving and varies depending on the state. The children born from February 19 to July 27, 2025, were largely protected by national injunctions and delayed enforcement of the executive order. Thus, their citizenship status remains the same. However, moving forward after July 27, 2025, these children may not be US citizens if they were born in states with no injunction or if the executive order is upheld in a court of law, even though their parents were covered under the executive order for birthright citizenship.
Parents in states with executive orders can still challenge the executive order and file an injunction to protect their children, for children affected by the executive order. If the executive order is later deemed unconstitutional, citizenship for these children could be restored retroactively through an individual or some class of actions.
Key Dates and Practical Implications
- February 19, 2025: Original effective date of Executive Order No. 14160.
- June 27, 2025: Our Supreme Court ruling that limits nationwide injunctions allowing the order to proceed in most states.
- July 27, 2025: New enforcement date for states that do not have active injunctions.
By now, families understand that the executive order does not apply to any child born before these dates or in states that have active injunctions such as Maryland and Washington. The ongoing litigation means things will change quickly.
Why Does This Matter?
Birthright citizenship has been a defining feature of American identity for over 150 years and has shaped the population and values of the United States. Any changes to this principle could impact the hundreds of thousands of children born each year in the U.S. and could potentially create a generation of individuals that are born in the U.S. but do not have citizenship—that, would be a first in modern U.S. history.
What’s Next
This ruling by the Supreme Court does not address the constitutionality of the executive order and does leave the door open for a slew of legal challenges. We expect that advocacy groups, state governments, and immigrant families will continue to challenge the order in court, and that birthright citizenship will continue to be one of the ongoing discussions of American law and politics.
To learn US birthright citizenship law today – what are we to know? – is to enter into a quickly changing legal and political landscape. Although the fundamental principle remains unchanged for the time being, the executive and judicial movements have injected ambiguity into the law. Families, legal advocates, and policy makers are watching intently to see what the nation will decide to do with one of its proudest constitutional guarantees.
