Birthright Citizenship and Executive Orders: What Immigrants Need to Know

Understanding the 14th Amendment

The Fourteenth Amendment of the U.S. Constitution states that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” This clause has long guaranteed birthright citizenship to nearly everyone born on U.S. soil, regardless of their parents’ immigration status.

Why Supreme Court Precedent Matters

In 1898, the U.S. Supreme Court affirmed in United States v. Wong Kim Ark that a child born in the U.S. to non-citizen parents (legally present at the time) is a U.S. citizen. This decision remains binding precedent, reinforcing that 14th Amendment citizenship is not subject to change by executive order alone.

Limits of Presidential Power

While presidents may issue executive orders, they cannot override the Constitution or settle Supreme Court case law. Attempts to use executive authority to end birthright citizenship face significant constitutional hurdles and legal resistance.

Executive Order 14160 in 2025

In January 2025, President Trump signed Executive Order 14160 (EO 14160), directing federal agencies to deny automatic citizenship to children born in the U.S. to certain non-citizen parents. The order targets children of undocumented immigrants and some temporary visa holders.

Key Provisions of the EO

EO 14160 instructs agencies to modify how birth records, passports, and Consular Reports of Birth Abroad (CRBAs) are processed, raising doubts about automatic citizenship for some newborns.

Immediate Federal Court Responses

The ACLU and several state Attorneys General swiftly filed lawsuits challenging the order’s constitutionality [source: ACLU.org]. Federal judges in multiple jurisdictions have issued preliminary injunctions, blocking enforcement of key EO provisions while the lawsuits proceed.

How Attempts to End Birthright Citizenship Have Fared Before

This is not the first attempt to limit birthright citizenship. In 2018, President Trump floated a similar idea via executive order, but it was never implemented. Over the years, various bills have been introduced in Congress seeking to redefine citizenship criteria, but none have passed. Numerous legal scholars and civil rights organizations, including the American Immigration Council, have reiterated that such changes would require a constitutional amendment—not an executive action.

Practical Concerns for Expectant Immigrant Parents

Even though EO 14160 is currently blocked, the confusion it has created can still affect immigrant families.

Hospital Documentation

Some hospitals have begun issuing birth certificates with disclaimers or have asked for additional parental documentation. Immigrant parents may face inconsistent experiences depending on local interpretations of the executive order.

Passport & SSN Delays

Parents applying for their child’s passport or Social Security Number may experience processing delays or extra scrutiny. If agencies begin selectively applying the order despite the injunctions, these processes could become more complicated.

Know Your Rights and Protect Your Child’s Status

Essential Documents to Keep

To avoid issues, immigrant parents should:

• Keep copies of hospital discharge papers and official birth certificates.
• Maintain documentation of their own immigration status.
• Collect any legal records proving physical presence and residency in the U.S.

When to Contact an Attorney

If you are told your U.S.-born child is ineligible for a passport or other federal benefits, or if your child’s citizenship is being questioned, it’s time to seek legal counsel. Consulting an experienced immigration attorney, like the team at Law Group International, can help you secure proof of your child’s U.S. citizenship if agencies begin applying the new order.

You may also need assistance filing Form N-600, which serves as an official request for a certificate of citizenship [source: USCIS.gov].

Stay Informed, Stay Protected

While EO 14160 aims to end birthright citizenship through administrative means, courts have blocked its implementation—for now. The birthright citizenship executive order remains under intense legal scrutiny, and constitutional protections under the 14th Amendment still stand.

For immigrant families, vigilance is key. If you encounter delays or denials related to your child’s U.S. citizenship, don’t wait. Law Group International is here to help you understand your rights and fight back against any unlawful denials of citizenship.

Stay informed. Stay prepared. And remember: you’re not alone.