Published January 20, 2025Legal

Birthright Citizenship Executive Order Blocked — Current Law Unchanged


On January 20, 2025, President Trump signed an executive order seeking to end birthright citizenship — the principle established by the 14th Amendment that anyone born on US soil is automatically a US citizen — for children born to parents who are in the country without lawful status or on temporary visas. Within days, multiple federal courts issued injunctions blocking the order. Senior US District Judge John Coughenour in Seattle called it "blatantly unconstitutional." The order has never been enforced.

The litigation reached the Supreme Court in two stages. In Trump v. CASA, decided June 2025, the Court addressed only whether federal judges may issue nationwide injunctions — not whether the order itself was lawful. The constitutional question was decided a year later in Trump v. Barbara: on June 30, 2026, the Supreme Court struck down the executive order 6–3, holding that birthright citizenship is guaranteed by the 14th Amendment. The order never took effect at any point.

If you have a child who was born in the United States, that child is a US citizen — this is now settled by the Supreme Court and cannot be changed by executive order. Obtain a US birth certificate and passport for any US-born child as you normally would. See our June 30, 2026 update for what the ruling means in practice.