Is citizenship by birth still guaranteed in the United States? That question, which for a long time was considered resolved by Amendment 14 of the Constitution, has again created uncertainty after a new executive order was signed on the first day of Donald Trump's return to the presidency. The order challenges a fundamental principle of American law: that any child born in the United States is automatically a citizen, regardless of the immigration status of their parents.
In response, 22 states filed lawsuits to block the order, leading to a key Supreme Court decision that now leaves millions of immigrant families confused and concerned. The ruling has created a divided reality: babies born in some states remain protected, while those born in others could be deprived of basic rights like a birth certificate or a Social Security number.
In this blog we explain what is happening, what the Supreme Court decided, which states are protected, and most importantly, what you should do if you or someone close to you is expecting a baby in the United States in the coming weeks.
1. Trump’s Executive Order vs. the 14th Amendment
The January 20, 2025, President Trump issued a Executive Order With the aim of revoking automatic citizenship for children born in the US whose parents are not citizens or permanent residents.
However, the 14th Amendment It clearly guarantees: “All persons born… in the United States… are citizens of the United States.”.2. Legal setback: Who filed the lawsuit?22 states, plus the District of Columbia, filed lawsuits against the order, arguing that it is unconstitutional. These states include:
States that sued:
Arizona
California
Colorado
Connecticut
Delaware
Hawaii
Illinois
Maine
Massachusetts
Michigan
Minnesota
New Jersey
New Mexico
New York
Oregon
Pennsylvania
Rhode Island
Vermont
Washington
Wisconsin
In addition to Washington, D.C.
28 states that currently they are not on demand: all the remaining states in the south, much of the Midwest and the Southeast.
A federal judge issued precautionary measures at the national level, blocking the application of the law while the legal review continued.
3. Supreme Court ruling — Limited interim measures
The June 27, 2025, The U.S. Supreme Court ruled 6-3 that the lower courts they have no authority to broadcast precautionary measures at the national level, Only precautionary measures applicable to specific claimants, unless that it be confirmed a collective lawsuit
The Court not determined If the executive order is constitutional, it only refined who the temporary measures apply to.
4. How does this affect the real world?
In the 22 states (plus D.C.): The babies born there still remain American citizens, Enjoying birth certificates, Social Security numbers, Medicaid, SNAP, etc.
In the other 28 states: After a 30-day grace period (until ~27 July 2025), the executive order could apply unless:
It is present and certify a collective lawsuit;
You and actively encourage them her; and
A judge issues a new judicial order.
Otherwise, it is possible that the babies born after July 27 Do not receive Birth certificates, Social Security numbers, benefits, and even they could face the risk of deportation.
5. What parents should do now
Confirm your statusIs he one of the 22 who sued?
Talk to a qualified immigration attorney before or shortly after giving birth.
Stay informed: There are still cases pending in lower courts that could extend the protections
6. Organizations file national class action lawsuit against Trump’s birth citizenship order
Advocates for immigrant rights have filed a new nationwide class action lawsuit challenging the Trump administration’s executive order restricting birthright citizenship. The lawsuit comes in response to the Supreme Court’s ruling, which potentially opens the door for the partial implementation of that executive order.
This new case was filed by the American Civil Liberties Union (ACLU), along with the ACLU affiliates in New Hampshire, Maine, and Massachusetts, as well as the Legal Defense Fund, the Asian Law Caucus, and the Democracy Defenders Fund, on behalf of a proposed class of babies affected by the executive order and their parents.
The same group of organizations filed a similar lawsuit in January 2025 before the same court, on behalf of groups whose members have children born in the United States who would be stripped of citizenship under this order. Among the plaintiffs are the New Hampshire Indonesian Community Support, the League of United Latin American Citizens (LULAC), and Make the Road New York. The court issued a ruling protecting the members of these organizations, and that case remains pending before the First Circuit Court of Appeals, with a hearing scheduled for August 1.
7. Why is this ruling important?
This fragmented judgment breaks the certainty of birthright citizenship (Citizenship by birthright). Two children born in the same hospital could have different legal outcomes based solely on state borders or legal access. This violates the principle of equality guaranteed by the Constitution.
Conclusion for future parents
If you are undocumented or have a visa and are expecting a baby in the USA, your child's citizenship and their future may depend on it. from where and when Nazca.
In one of the 22 states that they sued → the citizenship was protected.
In one of the 28 other states , Act now to ensure your baby's rights.
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