President Donald Trump’s executive order to end birthright citizenship for certain children of immigrants could soon take effect in some states, following a U.S. Supreme Court ruling that scaled back the authority of federal judges to issue nationwide injunctions.
The court’s 6–3 decision, led by Justice Amy Coney Barrett, allows the Trump administration’s controversial policy to move forward—but only in a limited way for now. Lower courts must now quickly reexamine who should be protected by more narrowly tailored injunctions, meaning some families may still be shielded from the policy while others are not.
For expecting immigrant parents, the decision has sparked confusion and concern. Many now face urgent questions about whether their U.S.-born children will receive citizenship—or if they’ll be left in legal limbo depending on where they’re born.
A Direct Challenge to the 14th Amendment
Trump’s order, signed just hours after he returned to office in January, seeks to deny citizenship to two specific groups of newborns:
- Babies born to mothers in the U.S. without legal status and fathers who are neither citizens nor lawful permanent residents.
- Babies born to mothers in the U.S. on temporary visas (like work, student, or tourist visas) with fathers who are also not U.S. citizens or green card holders.
The order is vague on how it would apply to children of LGBTQ+ couples or single mothers. It instructs federal agencies to withhold official documents like Social Security cards and passports from these children.
For over 150 years, the 14th Amendment has guaranteed that anyone born in the U.S. is a citizen, with few exceptions. Federal courts initially blocked Trump’s order as likely unconstitutional, citing long-standing precedent—most notably the 1898 Supreme Court ruling in United States v. Wong Kim Ark, which upheld birthright citizenship for children of non-citizen parents.
What the Court Ruled—and Didn’t
The high court’s ruling did not decide whether Trump’s policy is constitutional. Instead, the justices ruled on the scope of lower court power, siding with the Trump administration’s argument that nationwide injunctions are an overreach.
The ruling covers three consolidated cases: Trump v. CASA, Inc., Trump v. Washington, and Trump v. New Jersey. It puts the executive order on track to take effect no earlier than July 27, depending on how lower courts respond.
Attorney General Pam Bondi called the ruling a “significant step” and expressed confidence that the Supreme Court would eventually uphold the order’s constitutionality.
Potential Chaos for Families and States
Critics warn that the consequences could be severe and widespread. If the order takes effect in some states but not others, immigrant families could find themselves navigating a confusing, inconsistent system where their child’s citizenship status varies depending on state lines.
“People’s citizenship turns on and off when you cross state lines,” said Jeremy Feigenbaum, solicitor general of New Jersey. “It would cause chaos on the ground.”
That chaos could fall hardest on the most vulnerable—newborns, postpartum mothers, and families already living in uncertainty. Without citizenship, babies could be denied healthcare, identity documents, or other services critical in early life.
“They want to deny citizenship to children born here — our children, our babies — just because their parents are immigrants,” said Ama Frimpong, legal director for CASA, an advocacy group that sued on behalf of its members, including five pregnant women directly impacted by the policy.
One of the plaintiffs, a Venezuelan immigrant due to give birth in South Carolina this summer, expressed fear and hope.
“I fear for our future son… But I pray that will not be the case,” said the woman, who asked to be identified only as Monica. “We sought freedom in the United States because we believe in this great country, and we believe in the U.S. Constitution it was built on.”
What Comes Next?
For now, Trump’s executive order remains partially blocked. But lower courts will move quickly to decide the scope of remaining protections, and the full legality of the order could reach the Supreme Court again in the coming months.
Until then, many families face uncertainty, with birthright citizenship—long considered settled law—once again at the center of a deep national debate.
