Birthright Citizenship in 2025: Courts Decide, Prompting Legal Battle

(UNITED STATES) A sweeping court fight over birthright citizenship is unfolding after President Trump signed an executive order on January 20, 2025, seeking to narrow who becomes a U.S. citizen at birth. The order, Executive Order 14160, directed agencies to deny automatic citizenship to babies born in the United States to parents who are not U.S. citizens or lawful permanent residents, including those on temporary visas such as F‑1, H‑1B, J‑1, and B‑1/B‑2, as well as those without legal status.

Within two days, civil-rights groups and multiple states sued, arguing the policy violates the 14th Amendment. Federal judges quickly blocked the order, appeals courts largely agreed, and the dispute is now before the Supreme Court in the 2025–26 term.

Constitutional text and precedent

At the center is a plain sentence adopted in 1868: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” For more than a century, courts have read that line to mean most people born on U.S. soil are citizens at birth, no matter their parents’ immigration status, with a narrow exception for children of foreign diplomats.

That interpretation rests heavily on the 1898 Supreme Court decision in United States v. Wong Kim Ark, which confirmed citizenship for a man born in San Francisco to Chinese parents who were not U.S. citizens. The executive order argues that people in temporary status, or without status, are not “subject to the jurisdiction” in the way the 14th Amendment intends. Plaintiffs call that reading wrong and dangerous.

“Subject to the jurisdiction thereof” is the focal phrase: the administration reads it narrowly; opponents and most courts to date read it broadly consistent with Wong Kim Ark.

How courts have ruled so far

• Federal district courts in the Northern District of California and the District of Maryland issued nationwide injunctions, citing Wong Kim Ark and more than 125 years of practice.
• The Ninth Circuit and the D.C. Circuit affirmed those injunctions, holding the order is likely unconstitutional because it contradicts the 14th Amendment as interpreted by the Supreme Court.
• The Fifth Circuit allowed limited enforcement for births to parents on B‑1/B‑2 visitor visas and certain short-term parole cases while it conducts full review; other categories remain blocked within that circuit.
• The Supreme Court has granted review for the 2025–26 term. A decision is expected by mid‑2026.

Until the Supreme Court rules, the legal baseline stands: babies born in the United States to F‑1 students, H‑1B professionals, J‑1 scholars, lawful permanent residents, and undocumented parents receive U.S. citizenship at birth. Hospitals, state registrars, and the State Department have not changed their procedures.

Parties’ main arguments

• Civil-rights organizations (including the ACLU and NAACP) and several states (such as California, New York, and Illinois) argue a president cannot rewrite a constitutional rule by executive order. They say only the Supreme Court or a constitutional amendment can change the meaning of the 14th Amendment.
• The administration contends the order merely enforces the phrase “subject to the jurisdiction thereof” as Congress intended in the 19th century.
• Appellate panels so far have rejected the administration’s narrower reading.

Immediate practical effects and guidance

The policy fight has real effects on daily life. Universities, employers, and lawyers report increased questions from families and employees. For now, routine answers remain in place:

• Yes — a child born in the U.S. is currently a U.S. citizen at birth.
• Yes — normal benefits apply, including birth certificates and passports.
• Yes — state vital records will issue birth certificates that lead to U.S. passports.

Hospitals, state registrars, and the State Department have continued their standard procedures. According to analysis by VisaVerge.com, most universities and large employers are advising affected families to stay calm, keep routine records, and watch the Supreme Court docket rather than rely on rumors.

Practical steps for students and workers

1. Keep copies of key documents:
   • Form I‑94 arrival record (printable at CBP’s I‑94 website)
   • Visa stamp, if applicable
   • F‑1 Form I‑20 (see F‑1 Form I‑20)
   • H‑1B approval notice, if applicable
2. Register the child’s birth promptly:
   • File with your state’s vital-records office.
   • Apply for a U.S. passport using State Department guidance: U.S. Department of State guidance on applying for a U.S. passport for a child
3. Travel and screening:
   • If traveling late in pregnancy, expect detailed questions at the border and from airlines.
   • Be prepared with doctor’s letters and proof of return plans.
4. Employer and benefits:
   • Ask HR about adding your newborn to health insurance and dependent-care plans.
   • Courts have not permitted changes to these benefits based on the order.
5. Follow official sources:
   • Track the Supreme Court case rather than social media. As of October 2025, the rule is that birthright citizenship remains fully in place nationwide.

Administrative and logistical challenges of changing birthright rules

If the Supreme Court allows any narrowing, the administrative work would be vast:

• Hospitals, states, and federal agencies would need new rules to verify parents’ immigration status at the time of birth.
• Possible outcomes include delays in issuing birth certificates, increased errors, and added strain on new parents.
• State offices would need to train staff to recognize dozens of visa categories.
• The State Department could face a surge of passport queries for infants.
• Universities fear chilling effects on international enrollment; businesses warn of extra red tape for H‑1B families.

Even a partial change (for example, carving out certain short-stay visitors) could cause widespread confusion at hospitals, airports, and state offices.

Broader social and economic context

• Children born to international students and high-skilled workers often grow up bilingual, attend U.S. schools, and enter the STEM workforce that supports many American companies.
• Reducing future citizens could shrink the long-term pool of taxpayers and Social Security contributors.
• Universities warn that short-term uncertainty can chill international enrollment.
• Business groups predict extra compliance burdens for employers of H‑1B and other visa holders.

Internationally, the debate ties to wider trends:
– Canada retains birthright citizenship but has seen political debate.
– Australia and the United Kingdom have narrowed citizenship-by-birth in recent decades.
– Mexico and Brazil maintain broad jus soli rules and are watching the U.S. case closely.

Legislative prospects and constitutional change

• Congress could attempt to narrow the statute, but any law would face court review.
• Some lawmakers have introduced bills to define “subject to the jurisdiction” more narrowly.
• Most legal scholars say that altering the Constitution’s coverage would likely require a constitutional amendment, not an executive order.
• The National Archives hosts the Amendment text: 14th Amendment to the U.S. Constitution

Key takeaways for families today

• Hospitals will continue to issue birth certificates.
• The State Department will continue to issue U.S. passports to eligible newborns.
• Employers will continue normal onboarding for dependents.
• Schools will advise students to keep their Form I‑94 and Form I‑20 handy.
• Immigration attorneys reiterate: as of today, your baby born here is a U.S. citizen.

Looking ahead, the Supreme Court’s ruling in 2026 will likely shape agency practice for decades:

• A broad decision reaffirming Wong Kim Ark would preserve longstanding birthright citizenship.
• A narrow decision trimming coverage for certain short-term categories would force rapid adjustments by agencies, hospitals, and families.

Until then, parents on student or work visas should:
– Keep good records,
– Stay in close contact with school advisors or HR,
– Use official sources for updates rather than online chatter.

For now, the law remains what it has been for generations: if your child is born on U.S. soil, that child is an American.