In recent months, there has been a lot of confusion and concern around the future of birthright citizenship in the United States. However, there is some good news. As of July 2025, birthright citizenship is still fully protected in all 50 states.
Background of Executive Order 14160
This issue came into the spotlight earlier this year when President Trump issued an executive order (Executive Order 14160) that attempted to deny U.S. citizenship to babies born in the United States if neither parent is a U.S. citizen or lawful permanent resident. This directly challenged the long-standing interpretation of the 14th Amendment, which guarantees that nearly everyone born on U.S. soil is automatically a U.S. citizen.
Supreme Court Decision
Immediately after the order was signed, lawsuits were filed across the country, and multiple federal courts stepped in to block the order from taking effect. Recently, the U.S. Supreme Court weighed in—not on the topic of birthright citizenship itself, but in general on how far courts can go in blocking federal policies. In June, the Court ruled that nationwide injunctions (court orders stopping a law or policy across the whole country) are only allowed under certain conditions. This created uncertainty about whether the birthright executive order could still be blocked nationwide.
Birthright Protected — For Now
Thankfully, that uncertainty didn’t last long. On July 10, a federal judge in New Hampshire certified a class-action lawsuit that includes all affected families and reinstated a nationwide block on the executive order. That means the order is still not allowed to take effect anywhere in the U.S., and birthright citizenship remains intact. Other courts, including one in Massachusetts, are still considering how to proceed, but for now, no baby born in the U.S. has lost their right to citizenship under this order.
It’s important to understand that the courts have not yet ruled on whether the executive order is constitutional. That legal battle is still playing out, and it could eventually reach the Supreme Court. But at this moment, the law has not changed. If a child is born in the U.S.—regardless of their parents’ immigration status—they are a U.S. citizen under the 14th Amendment.
Why This Matters
This protection matters deeply for families. U.S. citizenship means access to a Social Security number, a U.S. passport, public benefits, and the right to remain in the country permanently. While political debates continue, families can rest assured that these rights are still protected—at least for now.
If you’re expecting a child in the U.S., or if you have questions about how this issue might affect your family, we’re here to help. Our firm is closely following the ongoing legal challenges and can offer guidance based on the latest updates. Reach out to us if you’d like to schedule a consultation or stay informed about any future changes.
Sources
Reuters – U.S. judge weighs putting new block on Trump’s birthright citizenship order
https://www.reuters.com/legal/government/us-judge-weighs-putting-new-block-trumps-birthright-citizenship-order-2025-07-18
AP News – Trump’s birthright citizenship order remains blocked as lawsuits march on after Supreme Court ruling
https://apnews.com/article/9d54d8b4a75e350b6a2fe41cb79c1c65
SCOTUSblog – Coverage on Supreme Court decisions regarding injunctions and birthright citizenship
https://www.scotusblog.com/ (search for coverage on EO 14160 and injunction rulings)
American Immigration Council – Legal analysis of birthright citizenship and litigation updates
https://www.americanimmigrationcouncil.org/blog
ACLU – Federal court blocks Trump birthright citizenship order, certifies nationwide class protecting all impacted babies
https://www.aclu.org/press-releases/federal-court-blocks-trump-birthright-citizenship-order-certifies-nationwide-class-protecting-all-impacted-babies
Wikipedia – Background on Executive Order 14160 and the 14th Amendment
https://en.wikipedia.org/wiki/Executive_Order_14160
https://en.wikipedia.org/wiki/United_States_v._Wong_Kim_Ark