Birthright Citizenship at Risk: What Families Need to Know in the U.S.

• Birthright Citizenship at Risk: Varies by State
• Executive Order Restricts Birth Citizenship
• Seek Local Legal Advice

Although birthright citizenship has been a constitutional right in the United States for over 150 years, recent political and legal developments are raising real doubts about its uniform application across the country.

New executive orders, state lawsuits, and Supreme Court rulings have created a fragmented landscape, in which the right to be an American citizen at birth could now vary depending on the state.

Below, we explain what’s happening, what the laws say, and what you can do if you’re concerned about this situation.

All You Need to Know About Birthright Citizenship

The Overall Landscape

The 14th Amendment to the US Constitution, ratified in 1868, states:

“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.”

For more than a century and a half, this principle has granted automatic citizenship to nearly everyone born on US soil, regardless of their parents’ immigration status.

Trump’s Executive Order

On January 20, 2025, President Donald Trump signed Executive Order 14160, titled “Protecting the Meaning and Value of American Citizenship.”

Excerpt from the order (via AP News):

“It restricts automatic citizenship to children born in the U.S. whose parents are neither citizens nor lawful permanent residents.”

This attempt to limit birthright citizenship was immediately challenged by several states and civil rights organizations, who argued it violates the 14th Amendment of the Constitution.

“The order was quickly challenged in federal courts by multiple states and civil rights organizations, arguing that it violates the 14th Amendment.” (AP News)

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Supreme Court Ruling (June 2025)

On June 27, 2025, the Supreme Court issued a 6-3 ruling limiting the ability of federal judges to impose nationwide blocks on Executive Branch policies.

Practical result:

“It allows Trump’s executive order to take effect in 28 states that did not challenge it, while it remains blocked in 22 states and the District of Columbia that filed lawsuits against it.”

In other words, birthright citizenship now depends on the state where the child is born. For example:

• In New Jersey (a state that challenged the order), babies still receive automatic citizenship.
• In Pennsylvania (a state that did not challenge it), they might not be recognized as citizens at birth.

Federal Legislation: The Birthright Citizenship Act of 2025

In addition to the executive order, several Republican senators introduced the Birthright Citizenship Act of 2025 in January. Among its sponsors are Lindsey Graham (R-SC), Ted Cruz (R-TX), and Katie Britt (R-AL).

Excerpt from its official introduction:

“It limits automatic citizenship to children born to at least one U.S. citizen or lawful permanent resident parent.” (Lindsey Graham, US Senate)

The bill has sparked intense debate. Organizations like the ACLU warn:

“It undermines fundamental constitutional principles and could create a stateless population in the US” (Spectrum Local News)

The Current Legal Patchwork

According to experts:

“The current situation has created a legal patchwork in which a child’s citizenship rights can vary significantly depending on the state of birth.” (VisaVerge)

This uneven system complicates the lives of immigrant or mixed-status families, creates uncertainty for hospitals and local officials, and challenges the historical principle of equal rights for all born on US soil.

What Can Families Do?

• Stay Informed: Understand in which states the executive order is blocked or in effect.
• Consult Immigration Attorneys: Experts can explain legal options, exceptions, and available remedies.
• Monitor Legal Changes: Both the future of the executive order and the federal bill remain under debate in courts and Congress.
• Document Cases: Civil rights organizations recommend keeping detailed records of births and immigration status to support legal claims.
• Access Local Support: Many states and cities offer free or low-cost legal services for affected families.

Conclusion on Birthright Citizenship

While birthright citizenship remains protected in much of the country, the combination of the executive order, state litigation, and legislative proposals has created an unstable legal landscape.

Families must stay alert, informed, and seek legal guidance to ensure that their children do not lose a right that has long been considered fundamental in the United States.

The situation surrounding birthright citizenship in the United States is undergoing one of its most complex periods in decades, with federal laws, executive orders, and court rulings fragmenting its application among states.

In this uncertain landscape, it’s crucial that families stay informed, consult experts, and defend their rights to ensure that all children born in the country receive the protection and recognition that the Constitution has guaranteed for over 150 years.

Do you have questions or concerns about how these measures could affect your family or your community?

SOURCE: Washington Post / VisaVerge / San Francisco Chronicle