President Trump’s Birthright Citizenship Executive Order (as of June 5, 2025)
Summary of Legal and Policy Developments
- On January 20, 2025, President Trump signed Executive Order 14160, directing federal agencies to deny U.S. citizenship at birth to children born in the United States unless at least one parent is a U.S. citizen or lawful permanent resident (LPR). This order would exclude children born to undocumented immigrants and those with parents in the U.S. on temporary visas (such as students or tourists) from automatic citizenship.
- The order was scheduled to take effect for children born after February 19, 2025.
- Within days, multiple lawsuits were filed by states, immigrant rights groups, and affected individuals, arguing that the executive order violates the 14th Amendment’s Citizenship Clause, which has been interpreted for over 150 years to guarantee citizenship to nearly all born on U.S. soil, regardless of parental status.
- Federal judges in Washington, Maryland, Massachusetts, and New Hampshire quickly issued nationwide injunctions, blocking the executive order from taking effect while litigation proceeds.
Current Litigation
- As of June 2025, the executive order remains blocked nationwide by court injunctions. No changes to birthright citizenship have been implemented, and the longstanding interpretation of the 14th Amendment remains in force.
- The U.S. Supreme Court heard oral arguments on May 15, 2025, but the focus was on whether lower courts have the authority to issue nationwide injunctions, not directly on the constitutionality of the order itself.
The Supreme Court’s decision—expected by late June or early July—could affect whether the injunctions remain in place or if the executive order could be enforced in some or all states.
Related Legislative Efforts
- Separately, the Birthright Citizenship Act of 2025 has been introduced in Congress, aiming to restrict birthright citizenship in ways like the executive order. However, this bill has not become law and has no immediate effect.
Key Points for Clients:
- Birthright Citizenship Remains Intact: As of June 2025, children born in the U.S.—regardless of their parents’ immigration status—continue to receive U.S. citizenship at birth. The Trump executive order has been blocked by multiple federal courts and is not in effect.
- No Immediate Changes: There is no change to the issuance of U.S. birth certificates, passports, or Social Security numbers for children born on U.S. soil. Federal agencies are not enforcing the executive order at this time.
- Legal Uncertainty Remains: The Supreme Court is reviewing aspects of the case, but the core issue of birthright citizenship is not currently before the Court. The main question is whether nationwide injunctions are appropriate. A decision is expected soon, and it could affect the scope of the injunctions, but any change to the underlying law would likely require further litigation or a constitutional amendment.
Practical Guidance:
- Continue to Register Births as Usual: If you or your clients have a child born in the U.S., continue to apply for birth certificates, Social Security numbers, and passports as normal.
- Monitor Legal Developments: Stay informed about the Supreme Court’s forthcoming decision. If the injunctions are lifted, there could be rapid changes in policy or enforcement, but any such change would likely be subject to further legal challenge and would not be retroactive.
- Consult an Attorney for Individual Cases: If you have specific concerns about a child’s eligibility for citizenship, or if you are in a unique immigration situation (e.g., DACA, TPS, or temporary visa status), seek legal advice. We can help assess risks, prepare documentation, and respond to any changes in law or policy.
Prepared by Teodora D Purcell, LLM, JD
Founder & Attorney at Law, Purcell Law APC