For more than 100 years, birthright citizenship has been a cornerstone of American constitutional law. The 14th Amendment guarantees that individuals born in the United States are U.S. citizens.
However, recent federal action has introduced uncertainty.
On January 20, 2025, President Trump issued an Executive Order seeking to limit birthright citizenship. While the order is not currently in effect, it is being challenged in multiple lawsuits across the country. The courts have not yet made a final decision.
For the moment, birthright citizenship remains protected. But its future is now the subject of active legal battles
What Does the Executive Order Attempt to Do?
The Executive Order seeks to restrict automatic U.S. citizenship at birth. Under the proposed change, a child born in the United States would only receive citizenship if at least one parent is:
- A U.S. citizen, or
- A Lawful Permanent Resident (green card holder)
This would mark a major shift from long-standing constitutional interpretation.
Who Could Be Affected?
If the Executive Order were ultimately upheld, it could affect children born in the United States, where:
- The mother is considered “unlawfully present,” and the father is not a U.S. citizen or green card holder; or
- The mother is in temporary lawful status, and the father is not a U.S. citizen or green card holder.
Temporary lawful status includes individuals such as:
- Visitors
- Students
- Temporary workers
- Parolees
- TPS beneficiaries
- Visa Waiver entrants
- Deferred action recipients
- LIFE Act Family Unity beneficiaries
- Individuals granted withholding of removal
- Individuals granted protection under the Convention Against Torture
This means even families who are lawfully present in the United States on temporary visas could potentially be impacted.
Is the Executive Order in Effect Now?
No.
At the time of this writing, the Executive Order is not in effect because it is being challenged in federal court. Birthright citizenship continues to apply as it always has.
However, there is no final ruling yet. The outcome of these cases will determine whether the order is implemented.
What Happens If the Executive Order Is Upheld?
If courts ultimately allow the Executive Order to take effect, there are many unresolved questions, including:
- How would parents prove eligibility for citizenship at birth?
- What immigration status would affected children have?
- Would children be considered undocumented?
- How would hospitals issue birth certificates?
- How would Social Security numbers be assigned?
Hospitals, state vital records offices, and the Social Security Administration would all need to change how documentation is issued.
At this stage, there is no clear implementation timeline, and significant logistical issues remain unanswered.
Why This Matters
Birthright citizenship has been interpreted for over a century to apply broadly to children born on U.S. soil. Any change would represent one of the most significant shifts in constitutional immigration law in modern history.
While it remains protected today, families should understand that the legal landscape is evolving.
If you are pregnant, planning to start a family, or currently in temporary or undocumented status, this issue may directly impact you. It is important to stay informed and seek individualized legal advice.
Final Thoughts
Birthright citizenship is currently intact, but it is no longer free from challenge.
We are closely monitoring developments and will continue updating our clients and community as the courts move forward.
If you have questions about how this may affect your family, contact our office to schedule a consultation.
