Key Takeaways
• Executive Order 14156 limits birthright citizenship for certain children born after February 19, 2025.
• Federal courts have blocked the order; Supreme Court decision expected by late June or early July 2025.
• Legal experts widely agree the order violates the 14th Amendment and Supreme Court precedent.
On January 20, 2025, President Donald Trump signed Executive Order 14156, called “Protecting the Meaning and Value of American Citizenship.” This executive order tries to change a long-standing rule in the United States 🇺🇸 known as birthright citizenship. The order aims to stop certain children born in the United States 🇺🇸 after February 19, 2025, from automatically becoming U.S. citizens. Since its announcement, the order has caused a wave of legal challenges, confusion, and debate across the country.
As of May 23, 2025, this executive order is not in effect. Federal courts have blocked it, and the Supreme Court is now considering the issue. The outcome will affect millions of families, immigrants, and the very idea of what it means to be an American citizen.
What Is Birthright Citizenship?
Birthright citizenship is the rule that says any child born in the United States 🇺🇸 automatically becomes a U.S. citizen, no matter what their parents’ immigration status is. This rule comes from the 14th Amendment to the U.S. Constitution, which was added after the Civil War to make sure everyone born in the country would be treated equally under the law.
The exact words from the 14th Amendment are: “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 has been the law for over 150 years.
What Does Executive Order 14156 Say?
President Trump’s Executive Order 14156 tries to change who gets birthright citizenship. The order says that children born in the United States 🇺🇸 after February 19, 2025, will not be given automatic citizenship if:
- Their mother is undocumented (meaning she does not have legal immigration status) and their father is neither a U.S. citizen nor a lawful permanent resident (green card holder).
- Their mother is in the United States 🇺🇸 on a temporary visitor visa (like a tourist visa), and their father is neither a U.S. citizen nor a lawful permanent resident.
This means that many children born to parents with different types of immigration status could be affected, including:
- People with humanitarian visas or pending applications
- DACA recipients (young people brought to the U.S. as children)
- People with Temporary Protected Status (TPS)
- People with student, work, or family visas (like H-1B, F-1, J-1, L-1)
- People with tourist visas
- People whose visas have expired
- People with no legal immigration status at all
Why Did President Trump Issue This Order?
President Trump and his administration argue that the 14th Amendment was never meant to give citizenship to everyone born in the United States 🇺🇸. They say that the phrase “subject to the jurisdiction thereof” means that some people—like children of undocumented immigrants or temporary visitors—should not get automatic citizenship.
The Trump administration also says the order is meant to “discourage future waves” of people coming to the United States 🇺🇸 without permission. They believe that ending birthright citizenship for certain groups will reduce irregular migration.
What Happened After the Order Was Signed?
Just three days after the order was signed, on January 23, 2025, Federal District Court Judge John C. Coughenour in Washington State blocked the order for 14 days, calling it “blatantly unconstitutional.” Then, on February 5, 2025, Federal District Judge Deborah L. Boardman issued a preliminary injunction, which stopped the order from taking effect until all the legal cases are finished.
As of now, the order is not being enforced anywhere in the United States 🇺🇸. The Supreme Court heard arguments about the order on May 15, 2025, and is expected to make a decision by late June or early July 2025.
What Are the Legal Arguments Against the Order?
Most legal experts and civil rights groups say the executive order is unconstitutional. Their main arguments are:
- The 14th Amendment’s Citizenship Clause is clear: Anyone born in the United States 🇺🇸 is a citizen, except for very narrow exceptions (like children of foreign diplomats).
- Supreme Court precedent: In the 1898 case United States v. Wong Kim Ark, the Supreme Court ruled that the 14th Amendment gives citizenship to almost all children born in the United States 🇺🇸, no matter their parents’ status.
- Equal treatment: The order would create a system where some children born in the United States 🇺🇸 are treated differently from others, based only on their parents’ citizenship or immigration status. This could lead to a “caste-based system,” which goes against American values of equality.
- Historical context: Some experts say the order brings back ideas similar to those in the Dred Scott decision, which denied citizenship to Black Americans before the Civil War.
Groups like the ACLU and the Brennan Center for Justice have called the order “clearly unconstitutional” and say it goes against over a century of Supreme Court decisions.
What Are the Arguments Supporting the Order?
The Trump administration argues that:
- The 14th Amendment has never been read to give citizenship to everyone born in the United States 🇺🇸, especially if their parents are not “subject to the jurisdiction” of the country.
- The order is needed to protect the value of American citizenship and to discourage people from coming to the United States 🇺🇸 without permission.
Supporters of the order believe that Congress or the president has the power to decide who should be a citizen, especially in cases where the parents are not legal residents or citizens.
What Would Happen If the Order Took Effect?
If Executive Order 14156 were allowed to take effect, it would have serious consequences for many families and children. Here are some of the main impacts:
- No automatic citizenship: Children born in the United States 🇺🇸 to parents covered by the order would not get U.S. citizenship at birth.
- No Social Security cards or U.S. passports: These children would not be able to get Social Security numbers or U.S. passports, which are needed for many basic things in life.
- No access to federal programs: They would not be able to get help from important programs like CHIP (Children’s Health Insurance Program), SNAP (food stamps), or Medicaid.
- No voting or jury service: As adults, they would not be able to vote, serve on juries, or hold certain jobs that require U.S. citizenship.
- Visa complications: Parents who are in the United States 🇺🇸 on work or student visas would have to apply for dependent visas for their newborn children, such as H-4, L-2, or F-2 visas. You can find more information about dependent visas on the U.S. Citizenship and Immigration Services (USCIS) website.
If these children cannot get another type of legal status, they could end up stateless, meaning they would not be recognized as citizens by any country.
How Are Communities Responding?
Even though the order is not in effect, its announcement has already caused fear and confusion in many immigrant communities. Some schools have started new policies that target immigrant families, and pregnant women have filed lawsuits because they are worried their children could become stateless.
Families are unsure about what documents they will need for their children, and many are worried about their future in the United States 🇺🇸. According to analysis by VisaVerge.com, the uncertainty has led to a rise in legal consultations and community meetings as families try to understand what the order could mean for them.
What Do Legal Experts and Civil Rights Groups Say?
Legal experts from across the political spectrum agree that the executive order faces tough legal challenges. The ACLU has said the order “plainly violates the 14th Amendment.” The Brennan Center for Justice calls it “unconstitutional, in direct conflict with the plain language of the 14th Amendment and over a century’s worth of Supreme Court case law.”
Many civil rights groups have joined together to file lawsuits against the order. They argue that changing birthright citizenship through an executive order is not allowed under the Constitution and would harm millions of children and families.
What Happens Next?
The Supreme Court is expected to make a decision about the order by late June or early July 2025. The justices will decide whether the order can take effect or if it should be permanently blocked.
Most legal experts believe that the order is unlikely to survive in court, even with a Supreme Court that has several justices appointed by President Trump. The main reason is the strong history of Supreme Court decisions supporting birthright citizenship and the clear language of the 14th Amendment.
What Should Families and Immigrants Do Now?
While the legal battle continues, families should know that birthright citizenship is still the law in the United States 🇺🇸. Children born in the country are still considered U.S. citizens, unless the Supreme Court rules otherwise.
If you are concerned about your family’s status, here are some steps you can take:
- Stay informed: Follow updates from trusted sources, such as the U.S. Citizenship and Immigration Services (USCIS) and reputable news outlets.
- Consult a qualified immigration lawyer: If you have questions about your status or your child’s status, talk to a lawyer who specializes in immigration law.
- Keep records: Make sure you have all important documents for yourself and your children, including birth certificates, visas, and any paperwork showing your legal status.
- Join community groups: Many local organizations offer support, information sessions, and legal clinics for immigrant families.
Why Does This Matter for the Future of the United States 🇺🇸?
The fight over birthright citizenship is about more than just legal rules. It is about who gets to be an American and what it means to belong in the United States 🇺🇸. Changing this rule could affect millions of people, including future generations of children born on U.S. soil.
If the Supreme Court allows the order to take effect, it could set a new precedent for how citizenship is decided in the United States 🇺🇸. This could open the door to more changes in immigration law and policy in the future.
Key Takeaways
- Executive Order 14156, signed by President Trump, tries to end birthright citizenship for some children born in the United States 🇺🇸 after February 19, 2025.
- The order is currently blocked by federal courts and is not in effect.
- The Supreme Court will decide the order’s fate by late June or early July 2025.
- Legal experts widely believe the order is unconstitutional based on the 14th Amendment and Supreme Court precedent.
- If the order takes effect, many children could be denied citizenship, leading to serious problems for families and communities.
- Families should stay informed, keep good records, and seek legal advice if they are worried about their status.
For more information about birthright citizenship and related laws, you can visit the U.S. Department of State’s page on Acquisition of U.S. Citizenship at Birth.
The coming months will be critical in deciding the future of birthright citizenship in the United States 🇺🇸. The Supreme Court’s decision will not only affect the families involved in these cases but could also shape the meaning of citizenship for generations to come.
Learn Today
Executive Order 14156 → A presidential directive attempting to limit birthright citizenship for children born in the U.S. after February 19, 2025.
Birthright Citizenship → Automatic U.S. citizenship given to any child born on U.S. soil, guaranteed by the 14th Amendment.
14th Amendment → Part of the U.S. Constitution granting citizenship to anyone born or naturalized in the United States.
Preliminary Injunction → A court order temporarily stopping a law or action pending a full legal review.
Stateless → A person not recognized as a citizen by any country, lacking legal nationality.
This Article in a Nutshell
President Trump’s Executive Order 14156 challenges birthright citizenship, sparking legal battles and debate. The order is blocked, and the Supreme Court will decide its fate, impacting millions of immigrant families and the meaning of U.S. citizenship for generations to come.
— By VisaVerge.com
