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The U.S. Supreme Court has issued a significant decision that impacts the future of birthright citizenship, but not in the way many expected. While headlines may suggest sweeping changes to citizenship rights, the Court’s ruling focused strictly on judicial authority, not the legality of birthright citizenship itself. However, the practical effects are creating confusion and concern for families across the country.
Background: The Executive Order and Legal Challenge
During his presidency, Donald Trump issued an executive order aimed at restricting birthright citizenship. Under this order, a child born in the United States would not be considered a U.S. citizen unless at least one parent is either a U.S. citizen or a lawful permanent resident.
This order directly contradicts over a century of legal precedent grounded in the 14th Amendment, which affirms that any child born on U.S. soil is a U.S. citizen, regardless of their parents’ immigration status.
In response, 22 states filed a lawsuit challenging the executive order as unconstitutional. A federal judge agreed with these states and issued a nationwide injunction, blocking the order from taking effect across the entire country.
What the Supreme Court Actually Decided
The Supreme Court did not rule on whether Trump’s executive order is constitutional. They did not address whether the order violates the 14th Amendment or ends birthright citizenship. Instead, the Court ruled on a narrower legal issue: Can a single federal judge issue a nationwide injunction that blocks a presidential policy everywhere?
The answer from the Court was clear: No. A federal judge can only apply an injunction to the parties directly involved in the lawsuit.
What This Means for Families Across the Country
The Court’s decision effectively creates a patchwork of legal protections for birthright citizenship:
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In the 22 states that filed the lawsuit: The executive order remains blocked. Children born in these states are considered U.S. citizens at birth and are entitled to all related benefits, such as birth certificates, Social Security numbers, Medicaid, and other federal benefits.
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In the 28 states that did not join the lawsuit: The executive order is set to take effect 30 days from the ruling. That means, starting July 27, 2025, children born in these states may be denied birth certificates, Social Security numbers, Medicaid, and other essential benefits. There are even concerns that these children may face deportation risks, despite being born on U.S. soil.
What Happens Next
The Supreme Court provided a 30-day grace period before lifting the nationwide injunction. Here’s what that means:
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Until July 27, 2025: The executive order remains blocked nationwide. All children born in the U.S. during this period are entitled to U.S. citizenship and associated benefits, regardless of their parents’ status.
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After July 27, 2025: The executive order can go into effect in states that were not part of the lawsuit. In those states, children born to parents who are not lawful residents or U.S. citizens may be denied federal benefits, despite being born on U.S. soil.
For families in states that did not participate in the lawsuit, the situation becomes uncertain after July 27. Legal experts expect new class action lawsuits to be filed, aimed at blocking the executive order in these remaining states. However, for these lawsuits to protect an individual child, the parents must:
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Be aware of the class action lawsuit.
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Take the necessary steps to join the lawsuit.
Until then, any child born in these 28 states after July 27 may not automatically receive U.S. citizenship or its benefits.
This is About More Than Just Birthright Citizenship
While the Supreme Court’s decision did not directly end birthright citizenship, it highlights a major shift in how presidential policies can be challenged in court. It restricts the ability of federal judges to block policies nationwide, forcing lawsuits to be fought state by state or on behalf of individuals who actively participate in legal actions.
What Families Should Do Now
If you are an undocumented immigrant, a temporary visa holder, or even a lawful immigrant planning to give birth in the U.S., understanding your state’s legal status is critical. Families in the 22 states that filed the lawsuit remain protected. In the other 28 states, it is essential to stay informed about pending class action lawsuits and take legal steps to protect your child’s rights.
How Spar & Bernstein Can Assist
In these uncertain times, having trusted legal guidance is more important than ever. The immigration attorneys at Spar & Bernstein are actively monitoring the legal landscape and can help families understand their rights, participate in future lawsuits, and take action to safeguard their children’s citizenship.
For personalized legal advice and updates on how these developments may affect your family, contact Spar & Bernstein today. We are here to help you navigate these complex changes and protect what matters most, your family’s future.