Birthright Citizenship Class Action Lawsuit Moves Forward in Court

Key Takeaways

• President Trump’s 2025 executive order aims to limit birthright citizenship for children born to non-citizen parents.
• The Supreme Court limited nationwide injunctions in June 2025, impacting the order’s enforcement and legal status.
• Class-action lawsuits led by ACLU seek to protect citizenship rights amidst pending court hearings in New Hampshire.

As of July 2025, birthright citizenship in the United States 🇺🇸 faces one of its most serious legal and political challenges in decades. Recent actions by the Trump administration, a series of Supreme Court decisions, and a growing number of class-action lawsuits have created uncertainty for families, legal professionals, and advocacy groups. This update explains what has changed, who is affected, what actions are required, and what these developments mean for pending and future applications.

Summary of What Changed

On Inauguration Day 2025, President Trump signed an executive order (EO) that seeks to limit birthright citizenship for children born in the United States 🇺🇸 to non-citizen parents. This marks a major shift from the long-standing interpretation of the 14th Amendment, which has guaranteed citizenship to nearly everyone born on U.S. soil for over 150 years.

The Supreme Court, in June 2025, issued a decision that did not rule on the constitutionality of the EO itself but instead narrowed the use of nationwide injunctions—court orders that block a law or policy across the entire country. This means that while the EO is not yet in effect, it is not fully blocked everywhere, and its future depends on ongoing court cases.

In response, civil rights groups, including the American Civil Liberties Union (ACLU), have filed a nationwide class-action lawsuit. This legal action aims to protect all children who could lose their citizenship rights under the new policy. The next major court hearing is set in New Hampshire, where a federal judge will decide whether to block the EO across the country.

Who Is Affected

The executive order, if allowed to take effect, will primarily impact:

• Children born in the United States 🇺🇸 to non-citizen parents: These children have always been considered U.S. citizens at birth under the 14th Amendment. The EO would deny them automatic citizenship.
• Families of mixed status: Households where parents have different immigration statuses may face confusion and legal uncertainty about their children’s rights.
• Immigrants and asylum seekers: Individuals in the United States 🇺🇸 who are not citizens, including those seeking asylum, could see their U.S.-born children denied citizenship.
• State and local governments: Agencies responsible for issuing birth certificates and providing services may need to change their procedures if the EO is implemented.
• Employers, schools, and healthcare providers: These groups may need to verify citizenship status more carefully, affecting access to jobs, education, and healthcare.

Effective Dates and Timeline

• Executive Order Signed: January 20, 2025 (Inauguration Day)
• Supreme Court Decision on Injunctions: June 2025
• EO Scheduled to Take Effect: July 27, 2025, unless blocked by a court
• 30-Day Grace Period: The government cannot enforce the EO for 30 days after the Supreme Court’s decision, giving time for legal challenges to proceed
• Upcoming Court Hearing: A federal judge in New Hampshire will soon decide whether to block the EO nationwide

Required Actions for Affected Individuals and Families

If you or your family could be affected by these changes, here are the immediate steps to consider:

1. Stay Informed: Follow updates from trusted sources like the ACLU and the Asylum Seeker Advocacy Project (ASAP). These organizations provide timely information and legal resources.
2. Gather Documentation: Collect and keep safe all documents proving your child’s birth in the United States 🇺🇸, such as birth certificates, hospital records, and proof of residency.
3. Consult Legal Help: If you are expecting a child or have a child born in the U.S. to non-citizen parents, consider speaking with an immigration attorney or legal aid group. They can help you understand your rights and options.
4. Monitor Application Status: If you have pending applications for citizenship or other immigration benefits, check for updates on processing times and requirements. The U.S. Citizenship and Immigration Services (USCIS) website provides official information on forms and procedures: USCIS Citizenship.
5. Participate in Class Actions: If you believe you are affected, you may be eligible to join a class-action lawsuit. Legal groups like the ACLU can provide guidance on how to participate.

Implications for Pending Applications

If you have already applied for citizenship or other benefits for your U.S.-born child, here’s what you need to know:

• Applications Filed Before July 27, 2025: These are likely to be processed under the current rules, which recognize birthright citizenship for nearly all children born in the U.S. However, this could change if the EO is upheld in court.
• Applications Filed After July 27, 2025: If the EO is not blocked, new applications may be denied for children born to non-citizen parents. This could affect access to passports, Social Security numbers, and other benefits.
• Pending Cases: If your application is still being reviewed, the outcome may depend on the results of ongoing lawsuits and further Supreme Court decisions. It is important to check for updates regularly.

Legal and Policy Background

The 14th Amendment and Birthright Citizenship

The 14th Amendment to the U.S. Constitution, ratified in 1868, states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” This language has been interpreted for over a century to mean that almost anyone born on U.S. soil is automatically a citizen, regardless of their parents’ immigration status.

The Supreme Court confirmed this interpretation in the 1898 case of United States v. Wong Kim Ark, ruling that a child born in the United States 🇺🇸 to non-citizen parents was a citizen by birth. This decision has shaped American immigration law ever since.

The Executive Order and Legal Challenges

President Trump’s executive order seeks to change this by denying citizenship to children born in the U.S. to parents who are not citizens or permanent residents. Legal experts and civil rights groups argue that the EO violates the Constitution and could create a group of people born in the U.S. who have no citizenship in any country.

After the EO was signed, several federal judges quickly ruled that it was unconstitutional. However, the Supreme Court’s June 2025 decision limited the use of nationwide injunctions, making it harder for a single judge to block the EO everywhere at once. This has led to a patchwork of legal battles across the country.

Class-Action Lawsuits and Legal Strategies

To protect as many people as possible, groups like the ACLU have filed class-action lawsuits. A class-action lawsuit is a legal case brought by a group of people with similar claims, rather than by individuals. This approach helps ensure that all children born after the EO’s effective date who could lose citizenship are covered by the court’s decision.

As reported by VisaVerge.com, legal advocates believe that class-action lawsuits are the best way to provide broad protection while the courts decide the EO’s fate. These lawsuits also help families avoid the cost and stress of filing separate cases.

Upcoming Court Hearings and What’s at Stake

The next major legal test will take place in New Hampshire, where a federal judge will decide whether to block the EO nationwide. This case involves a Honduran asylum seeker who is expecting a child in the United States 🇺🇸. The judge’s decision could set a precedent for similar cases across the country.

If the EO is blocked, birthright citizenship will remain unchanged for now. If the EO is allowed to take effect, thousands of children born in the U.S. could be denied citizenship, leading to long-term consequences for their rights and opportunities.

Key Stakeholders and Their Positions

• ACLU: The ACLU has strongly opposed the EO, calling it unconstitutional and a threat to American values. They are leading several legal challenges and providing resources for affected families.
• Trump Administration: The administration argues that the EO is needed for national security and to reform immigration policy. They claim that limiting birthright citizenship will deter illegal immigration.
• Legal Experts and Civil Rights Groups: Most legal scholars and advocacy organizations believe the EO is unconstitutional. They warn that it could create a group of stateless people and undermine the principle of equal rights for all born in the United States 🇺🇸.

Practical Implications for Families and Communities

If the EO is implemented, families may face:

• Loss of Citizenship Rights: Children born in the U.S. to non-citizen parents could be denied citizenship, affecting their ability to get a passport, attend school, or receive government benefits.
• Uncertainty and Fear: Many families may not know whether their children are citizens, leading to confusion and anxiety.
• Legal and Financial Burdens: Families may need to hire lawyers or join lawsuits to protect their children’s rights.
• Impact on Social Services: Schools, hospitals, and other agencies may need to change how they verify citizenship, possibly delaying or denying services to children.

What to Watch For Next

The legal battle over birthright citizenship is far from over. Here are the key developments to watch:

• Federal Court Decisions: The outcome of the New Hampshire case and other lawsuits will determine whether the EO is blocked or allowed to take effect.
• Possible Supreme Court Review: If lower courts issue conflicting decisions, the Supreme Court may be asked to decide whether the EO is constitutional.
• Changes in Government Policy: Depending on court rulings, the administration may revise or withdraw the EO, or Congress could consider new laws on citizenship.

Resources for Affected Individuals

If you or someone you know may be affected by these changes, the following resources can help:

• ACLU: Offers legal information and updates on birthright citizenship cases (www.aclu.org)
• Asylum Seeker Advocacy Project (ASAP): Provides support for asylum seekers and their families (www.asylumadvocacy.org)
• USCIS: Official information on citizenship and immigration forms (USCIS Citizenship)

Official Government Link for More Information

For the most up-to-date and official information on citizenship and birthright citizenship policies, visit the U.S. Citizenship and Immigration Services (USCIS) website: USCIS Citizenship.

Actionable Takeaways and Next Steps

• Monitor Legal Updates: Stay informed about court decisions and policy changes that may affect birthright citizenship.
• Protect Your Documents: Keep all birth and residency records in a safe place.
• Seek Legal Advice: If you are concerned about your child’s citizenship status, talk to a qualified immigration lawyer or legal aid group.
• Participate in Advocacy: Join organizations or class-action lawsuits that are working to protect birthright citizenship rights.
• Check Application Status: If you have pending applications, regularly check the status and be prepared for possible changes in requirements.

Conclusion

The fight over birthright citizenship in the United States 🇺🇸 is at a critical point. The outcome will affect thousands of families, the meaning of the Constitution, and the future of immigration policy. By staying informed, seeking legal help, and participating in advocacy efforts, individuals and families can protect their rights during this uncertain time. The coming weeks and months will be crucial as courts decide whether to uphold or block the executive order, and as new legal and political developments unfold.

Learn Today

Birthright Citizenship → Automatic citizenship granted to any person born on U.S. soil, protected by the 14th Amendment.
Executive Order → A presidential directive that manages government operations but may be subject to judicial review.
Nationwide Injunction → A court order blocking a law or policy across the entire United States.
Class-Action Lawsuit → A legal case where a group with similar claims sues collectively rather than individually.
14th Amendment → U.S. constitutional amendment guaranteeing citizenship to all born or naturalized in the United States.

This Article in a Nutshell

Birthright citizenship faces major legal challenges starting July 2025, as an executive order limits automatic citizenship for U.S.-born children of non-citizen parents, amid lawsuits and Supreme Court rulings creating nationwide uncertainty.
— By VisaVerge.com