The 22 States That Sued Trump Over Ending Birthright Citizenship

Key Takeaways

• On June 27, 2025, Supreme Court allowed Trump’s birthright citizenship order in 28 states, blocked in 22 states plus DC.
• Children born after February 19, 2025, to non-citizen, non-resident parents in enforceable states won’t get automatic U.S. citizenship.
• New nationwide lawsuits argue the order is unconstitutional, risking stateless children and creating a patchwork of citizenship rights.

On June 27, 2025, the U.S. Supreme Court delivered a major decision that will shape the future of birthright citizenship in the United States 🇺🇸. In a 6-3 ruling, the Court allowed President Trump’s executive order restricting birthright citizenship to take effect in most of the country, but not in 22 states and the District of Columbia, where legal challenges have blocked the order. This decision has immediate and far-reaching consequences for families, children, and the entire immigration system.

What Happened: The Supreme Court’s Decision

The Supreme Court’s ruling means that President Trump’s executive order, signed on January 20, 2025, can be enforced in 28 states, but not in the 22 states and the District of Columbia that sued to stop it. The executive order is set to affect children born on or after February 19, 2025, whose parents are neither U.S. citizens nor lawful permanent residents. In the states where the order is enforceable, these children will not be granted automatic U.S. citizenship at birth.

Justice Amy Coney Barrett, writing for the majority, explained that federal courts cannot issue nationwide injunctions unless every state is part of the lawsuit. This means that only the states that challenged the executive order in court are protected from its enforcement. Justice Sonia Sotomayor, in her dissent, warned that this approach could leave many children without constitutional protections, depending on where they are born.

The 22 States That Sued and Won Protection

The following 22 states, all led by Democratic attorneys general, joined together to challenge President Trump’s order:

• California
• Colorado
• Connecticut
• Delaware
• Hawaii
• Illinois
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Nevada
• New Jersey
• New Mexico
• New York
• North Carolina
• Oregon
• Pennsylvania
• Rhode Island
• Vermont
• Virginia
• Wisconsin

The District of Columbia and the City of San Francisco also joined the lawsuits. In these places, birthright citizenship remains protected, and the Trump administration’s executive order cannot be enforced.

Who Is Affected and How

Babies born in the United States 🇺🇸 on or after February 19, 2025, to parents who are neither U.S. citizens nor lawful permanent residents, will be directly affected by this policy—depending on where they are born.

• In the 22 protected states and DC: These children will still receive automatic U.S. citizenship at birth, as guaranteed by the 14th Amendment.
• In the other 28 states: The Trump administration’s order will deny automatic citizenship to these children. They will not be able to get U.S. passports, Social Security numbers, or other documents that prove citizenship.

This split creates a patchwork of rights across the country, with a child’s future depending on the state where they are born.

What Is Birthright Citizenship?

Birthright citizenship is the legal principle that any child born on U.S. soil automatically becomes a U.S. citizen, regardless of the parents’ citizenship or immigration status. This right comes from the 14th Amendment to the U.S. Constitution, which has been in place since 1868. The only exception has been for children of foreign diplomats.

President Trump’s executive order is the first time a sitting president has tried to end birthright citizenship by executive action, rather than by changing the Constitution or passing a law through Congress.

How the Policy Works in Practice

Here’s what happens under the new policy:

1. A child is born in the United States 🇺🇸 after February 19, 2025.
2. The parents’ status is checked. If neither parent is a U.S. citizen or a lawful permanent resident (green card holder), the child’s eligibility for citizenship is denied under the executive order—unless the child is born in one of the 22 protected states or DC.
3. Citizenship documents are denied. The State Department and Social Security Administration have been instructed not to issue citizenship documents, such as passports or Social Security numbers, to affected children.
4. Families may seek legal help. In states where the order is enforced, families can join ongoing class-action lawsuits or seek help from advocacy groups and state courts.

Immediate Legal Response and New Lawsuits

Immigrant rights groups, led by the ACLU and others, quickly responded to the Supreme Court’s decision. On June 27, 2025, they filed a new nationwide class-action lawsuit in federal court in New Hampshire, aiming to protect all children and families who might be affected by the executive order. Similar legal actions have been filed in Maryland.

These lawsuits argue that the executive order is unconstitutional and would create a permanent group of stateless children who have no country to call their own. According to analysis by VisaVerge.com, these legal battles could eventually bring the issue back to the Supreme Court for a final decision on whether the order itself is constitutional.

What Does This Mean for Families?

For families living in the 28 states where the order is enforceable, the risks are serious:

• Children may become stateless. Without U.S. citizenship, these children may not have any citizenship at all, depending on their parents’ home country laws.
• No access to basic services. Without proof of citizenship, children may be denied health care, education, and other essential services.
• Uncertain future. Families may face years of legal battles, and children could grow up without the rights and protections that come with citizenship.

In the 22 protected states and DC, state officials have promised to continue recognizing birthright citizenship, no matter what the federal government does. However, families may still face confusion and delays when applying for documents.

Why Did the Supreme Court Rule This Way?

The Supreme Court’s decision was not about whether President Trump’s executive order is constitutional. Instead, the Court focused on the power of federal courts to block executive actions. The majority said that courts can only stop an executive order in places where the plaintiffs (the people or states suing) have legal standing. This means that unless every state joins a lawsuit, a court cannot block a federal policy nationwide.

Justice Barrett wrote that this approach respects the limits of judicial power and prevents a single judge from stopping a president’s action everywhere. Justice Sotomayor, in her dissent, argued that this leaves many people without protection and could lead to unfair treatment based on geography.

What Are the Arguments on Each Side?

Supporters of the Executive Order (Trump Administration)

• Restoring original intent: The Trump administration says the 14th Amendment was never meant to give citizenship to children of people who are in the country illegally.
• Addressing illegal immigration: Supporters argue that ending birthright citizenship will discourage people from coming to the United States 🇺🇸 without permission.
• Reflecting the will of the people: The White House claims the executive order is what most Americans want and criticizes the lawsuits as partisan attacks.

Opponents of the Executive Order (States, Advocacy Groups)

• Unconstitutional: Most legal experts and advocacy groups say the order violates the 14th Amendment, which clearly grants citizenship to anyone born in the United States 🇺🇸.
• Creating a stateless underclass: Opponents warn that the policy will leave many children without any citizenship, making them vulnerable and unable to access basic rights.
• Long-term harm: Advocacy groups like the ACLU and Asian Law Caucus say the order will cause lasting social and economic problems for families and communities.

What Happens Next? The Road Ahead

The legal fight over birthright citizenship is far from over. Here’s what to expect in the coming months:

• Further litigation: The new class-action lawsuits could bring the issue back to the Supreme Court, this time focusing on whether the executive order itself is constitutional.
• Oral arguments: The First Circuit Court of Appeals is scheduled to hear arguments on August 1, 2025, in one of the lead cases.
• Potential for nationwide relief: If the class-action lawsuits succeed, the executive order could be blocked everywhere, restoring birthright citizenship protections across the country.
• Possible Congressional action: The controversy may push Congress to hold hearings or try to pass new laws clarifying or changing the 14th Amendment’s application.

What Should Families and Stakeholders Do?

If you are affected by these changes, here are some steps you can take:

• Check your state’s status. If you live in one of the 22 protected states or DC, birthright citizenship is still recognized. If you live elsewhere, be aware of the new risks.
• Seek legal help. Contact the ACLU or your state attorney general’s office for advice and support. You can find official information and resources at the U.S. Citizenship and Immigration Services (USCIS) website.
• Monitor updates. The legal situation is changing quickly. Stay informed by following news from advocacy groups, state officials, and federal courts.

Background: The History of Birthright Citizenship

The idea of birthright citizenship has deep roots in American history. The 14th Amendment, adopted in 1868 after the Civil War, was designed to make sure that all people born in the United States 🇺🇸—including formerly enslaved people—would be recognized as citizens. For more than 150 years, this principle has been a cornerstone of American law.

President Trump’s executive order is the first direct attempt by a president to end birthright citizenship through executive action, rather than by changing the Constitution or passing a new law. Legal experts say this approach is likely to face strong challenges in the courts.

Key Stakeholders and Their Views

• State Attorneys General: Democratic attorneys general, such as Matthew Platkin (New Jersey) and Letitia James (New York), have condemned the executive order as unconstitutional and a violation of American values. Platkin stated, “Presidents are powerful, but he is not a king. He cannot rewrite the Constitution with a stroke of the pen.”
• Trump Administration: The White House defends the order as necessary to address illegal immigration and claims it reflects the will of the people.
• Advocacy Groups: Organizations like the ACLU and Asian Law Caucus argue the order will create a permanent group of stateless children and cause long-term harm.

Summary Table: Status of Trump’s Birthright Citizenship Executive Order

Practical Guidance and Next Steps

• If you are expecting a child and are not a U.S. citizen or lawful permanent resident, check your state’s laws and consult with a qualified immigration attorney.
• If you are denied citizenship documents for your child, contact advocacy groups like the ACLU for help.
• Stay informed about ongoing lawsuits and possible changes to the law.

For more information on citizenship and your rights, visit the USCIS citizenship page.

Looking Forward

The Supreme Court’s decision on June 27, 2025, is only the latest step in a long and complex legal battle over birthright citizenship. The outcome will affect thousands of families and could reshape the meaning of citizenship in the United States 🇺🇸 for generations to come. As reported by VisaVerge.com, the legal and policy landscape is changing quickly, and families should stay alert for new developments.

The next few months will be critical. With new lawsuits underway and possible Congressional action on the horizon, the future of birthright citizenship—and the lives of many children—hangs in the balance. Families, advocates, and officials across the country are watching closely, knowing that the stakes could not be higher.

Learn Today

Birthright Citizenship → Legal right granting automatic U.S. citizenship to anyone born on U.S. soil, protected by the 14th Amendment.
Executive Order → A directive issued by the President to manage operations of the federal government without Congressional approval.
Nationwide Injunction → A court order blocking a government policy across all states, rather than only within specific jurisdictions.
Stateless → A condition where a person is not recognized as a citizen by any country, causing legal and social challenges.
Class-action Lawsuit → A legal case where a group of people collectively sue an entity for similar grievances or harm.

This Article in a Nutshell

The Supreme Court ruling allows enforcement of Trump’s birthright citizenship order in most states, affecting children born after February 2025. However, 22 states plus DC block it, creating legal and social challenges for families and children’s citizenship status across the U.S. The legal battle continues with new lawsuits filed.
— By VisaVerge.com