On his first day in office, President Donald Trump issued an executive order aimed at ending birthright citizenship for babies of undocumented immigrants and for people with temporary status in the U.S. The order has drawn immediate and sustained legal challenges, with courts blocking its implementation. Practitioners handling citizenship issues, family-based immigration, and asylum cases need to understand what the order attempted to do, why courts have halted it, and what ongoing litigation means for your clients.
What changed
Executive Order 14156 attempted to end birthright citizenship for babies of undocumented immigrants and for people with temporary status. The order sought to reinterpret the Fourteenth Amendment’s clause “and subject to the jurisdiction thereof” to exclude children born in the U.S. to undocumented or temporarily present parents from automatic citizenship.
The limitations to birthright citizenship set out by the executive order would have applied only to children born after February 19, 2025. However, the order never took effect due to swift court action. On January 23, three days after it was issued, Federal District Court Judge John C. Coughenour in Washington State called the order “blatantly unconstitutional” and blocked its implementation for 14 days. As a result, the executive order has indefinitely been blocked until these cases are adjudicated.
Executive Order 14156 prompted several lawsuits including from several states in multiple jurisdictions, immigrant right groups, and expecting mothers claiming the executive order violates the Fourteenth Amendment of the Constitution as well as federal statute. The litigation remains ongoing, with President Trump anticipating that the constitutionality of his executive order will be determined by the U.S. Supreme Court.
Why it matters
For practitioners counseling clients on U.S. citizenship, the blocked order underscores the legal foundation of birthright citizenship and the courts’ current posture toward attempts to narrow it. The case confirmed the unequivocal precedent that anyone born in the United States, regardless of their parent’s immigration status, is a citizen at birth.
That precedent remains the controlling law today. According to most legal scholars’ interpretations, unrestricted birthright citizenship to those born in the United States is enshrined in the Constitution through the Citizenship Clause of the Fourteenth Amendment. If you have clients who are pregnant or have recently given birth, or if you are advising on citizenship planning for families, the current law is that U.S. birth = automatic citizenship, regardless of parental immigration status or visa category.
However, the ongoing Supreme Court litigation creates uncertainty for the long term. The Supreme Court could theoretically overturn or narrow birthright citizenship, which would affect future generations. Practitioners should monitor the Supreme Court calendar and appeals court decisions as the cases proceed.
Way forward
- Reassure clients with U.S.-born children: Under current law and the blocked executive order, any child born on U.S. soil—to undocumented parents, parents on temporary visas, or any other status—is a U.S. citizen at birth. You can advise on that basis today.
- Document citizenship immediately: Obtain U.S. birth certificates and consider applying for U.S. passports early to secure documentary evidence of citizenship while litigation is unsettled.
- Track Supreme Court developments: Set reminders to monitor orders from the U.S. Supreme Court docket in the cases challenging the executive order. A Supreme Court decision could materially change citizenship doctrine.
- Advise on litigation risk carefully: If you have clients or family members affected by the executive order (e.g., expecting mothers, families with recent births), acknowledge that while courts have blocked it, the litigation is not resolved. Do not assume the order will never take effect.
Disclaimer
Fola Editorial is a software service and not a law firm. Nothing in this article constitutes legal advice. Immigration law is complex and changes frequently, sometimes without public notice. You must consult a licensed immigration attorney in your jurisdiction to advise clients on their specific facts and circumstances, and verify all policy positions against the primary source linked above and current guidance from USCIS, DOS, DHS, and the courts.