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Is citizenship by birth still guaranteed in the United States?<\/strong> 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.<\/p>\n 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.<\/p>\n\n Advocates for immigrant rights have filed a new nationwide class action lawsuit challenging the Trump administration\u2019s executive order restricting birthright citizenship. The lawsuit comes in response to the Supreme Court\u2019s ruling, which potentially opens the door for the partial implementation of that executive order.<\/p>\n 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.<\/p>\n 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.<\/p>\n\n \u00bfSigue garantizada la ciudadan\u00eda por nacimiento en Estados Unidos?Esa pregunta, que durante mucho tiempo se consider\u00f3 resuelta por la Enmienda 14 de la Constituci\u00f3n, ha vuelto a generar incertidumbre tras una nueva orden ejecutiva firmada el primer d\u00eda del regreso de Donald Trump a la presidencia. La orden desaf\u00eda un principio fundamental del derecho estadounidense: […]<\/p>\n","protected":false},"author":2,"featured_media":2111,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-2110","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-general"],"yoast_head":"\n
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.<\/p>\n1. Trump\u2019s Executive Order vs. the 14th Amendment<\/strong><\/h4>\nThe January 20, 2025<\/strong>, President Trump issued a Executive Order <\/strong>With the aim of revoking automatic citizenship for children born in the US whose parents are not citizens or permanent residents.\n\nHowever, the 14th Amendment<\/strong> It clearly guarantees: \u201cAll persons born\u2026 in the United States\u2026 are citizens of the United States.\u201d.<\/em>\n\n2. Legal setback: Who filed the lawsuit?<\/strong>\n\n22 states<\/strong>, plus the District of Columbia, filed lawsuits against the order, arguing that it is unconstitutional. These states include:\n\nStates that sued:<\/strong>\n
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7. Why is this ruling important?<\/strong><\/h4>\nThis fragmented judgment breaks the certainty of birthright citizenship<\/em> (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.\n\n <\/strong> Conclusion for future parents<\/strong>\n\nIf 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. \u00a0from where<\/strong> and when<\/strong> Nazca.\n
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