Every child born on U.S. soil has been legally a U.S. citizen since the 14th Amendment was ratified in 1868. But a sweeping executive order and a fierce legal battle now threaten that guarantee and the future of tens of thousands of children.
This legal showdown has now escalated into what many are calling a war on birthright citizenship, raising questions about who gets to be an American from birth.
What the Executive Order Says
On January 20, 2025, President Trump signed Executive Order 14160, titled “Protecting the Meaning and Value of American Citizenship.” The order aims to deny birthright citizenship for children born to:
- Two undocumented immigrant parents
- Or at least one temporary visa holder and one undocumented parent
Though set to apply to children born after February 19, 2025, the order has never taken effect because of immediate court intervention.
Multiple Court Injunctions Block the Order For Now
Several federal judges took action early in 2025:
- Washington state issued a temporary restraining order
- Judges in Maryland, Washington, Massachusetts, and New Hampshire issued nationwide preliminary injunctions
Those rulings paused the policy indefinitely pending further review.
Supreme Court Limits Nationwide Blocks But Not Class Actions
On June 27, the U.S. Supreme Court ruled 6–3 that federal courts cannot issue unlimited nationwide injunctions, a win for Trump’s legal team.
But the Court also said these restrictions don’t apply to class-action cases, which opened the door for more strategic legal defenses.
A New Class-Action Injunction Steps In
On July 10 in New Hampshire, Judge Joseph Laplante certified a class of all unborn and newborn babies impacted by the executive order and issued a new nationwide injunction blocking it.
This means the order remains suspended until the court resolves its legal merits, and possibly until the Supreme Court weighs in again.
Why These Numbers Matter: The Real Impact of the War on Birthright Citizenship
In 2021, the CDC reported over 3.6 million births in the U.S., with estimates suggesting that more than 250,000 of those were to undocumented immigrant parents. This highlights just how many families could be impacted by the war on birthright citizenship, making this not just a legal issue, but a human one.
According to the Pew Research Center, nearly 90% of Americans born in the U.S. since 1898 have acquired citizenship by birthright. Dismantling this standard would not only reverse centuries of legal precedent but also disrupt identity and access to opportunity for future generations.
What This Means for Families Right Now
- Despite legal uncertainty, any child born in the U.S. today remains a U.S. citizen.
- The legal battle is ongoing, and courts will have to address both the constitutionality of the executive order and the reach of class actions.
- Loud dissent from Justices like Sotomayor, Kagan, and Jackson warns of the risks to immigrants and to trust in our Constitution.
What You Can Do
- If your baby is born or due soon, obtain a birth certificate and, if needed, a passport.
- Keep careful documentation, especially if your child’s parents are undocumented or on temporary visas.
- Stay informed through trusted legal sources, not social media rumors.
Final Thoughts
For now, nothing has changed. U.S.-born children remain citizens. But the outcome of this case will shape our nation and your family’s future.
At Qazi Law, we’re tracking every update, ready to answer your questions and help you prepare so you can lean into your life without fear.
Call us today at 630-504-0648 or schedule a confidential consultation with Attorney Farrah.
The war on birthright citizenship may be loud, but your rights matter more. Stay informed, stand prepared, and know we are standing with you.
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