A federal judge keeps President Trump’s Executive Order No. 14160 on hold nationwide as of August 7, 2025, protecting birthright citizenship for all children born in the United States. The order remains blocked under a July 10 preliminary injunction in a class-action case.
The order, signed January 20, sought to deny citizenship to some U.S.-born children if their mother lacked lawful status or was only visiting and the father was not a citizen or green card holder. It was set to start February 19 after a 30‑day setup window. Civil rights groups and several states sued within days, arguing the order violates the Fourteenth Amendment and the Immigration and Nationality Act.
## How the litigation developed
The Supreme Court entered the picture on June 27 in Trump v. CASA. The Court ruled that district judges cannot issue universal injunctions that cover everyone unless the injunction is tied to the plaintiffs or suing states. The Court did not decide whether the order itself is legal.
In response to CASA, the Asian Law Caucus and partners filed a nationwide class action, Barbara et al. v. Trump. On July 10, the district judge granted a preliminary injunction for the entire certified class, which reaches all affected children nationwide. The Trump administration did not appeal or seek an emergency stay within the available seven-day window.
Key immediate effects: birthright citizenship remains protected nationwide while the injunction stands; no child has been denied citizenship under the order; the government cannot implement the order.
What this means now
- Birthright citizenship remains fully protected nationwide.
- No child has been denied citizenship under Executive Order No. 14160.
- The government cannot implement the order while the injunction remains in effect.
Legal experts say the Barbara class action avoids the Supreme Court’s limit on universal injunctions because class relief can reach every class member. According to analysis by VisaVerge.com, the case now turns on whether courts find the order conflicts with the Fourteenth Amendment’s Citizenship Clause, which for over a century has been read to grant citizenship to most children born on U.S. soil.
Key voices and parties
- Plaintiffs: Asian Law Caucus, ACLU, NAACP Legal Defense Fund, State Democracy Defenders Fund, and several states.
- Trump administration: Quiet since the Barbara ruling but expected to pursue appeals.
- Supreme Court: Addressed only procedure in CASA, not the constitutionality of the order.
Why the class-action route matters
The Supreme Court’s CASA ruling restricts nationwide blocks, pushing advocates toward class cases as a lawful way to reach everyone affected. The Barbara injunction reflects this strategic shift and maintains a uniform rule while courts address the underlying constitutional question.
- Benefit: Families won’t face different outcomes based on the state where a child is born.
- Legal point: Class relief can lawfully extend nationwide to all class members.
Background on birthright citizenship
The Fourteenth Amendment’s first sentence states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens.” Courts and federal agencies have traditionally read this to include most children born in the U.S., regardless of their parents’ immigration status.
Trump’s Executive Order No. 14160 is the most direct modern attempt to narrow that reading through executive action.
What families should do now
- Keep records:
– Store the child’s U.S. birth certificate, hospital documents, and any proof of parent identity.
– These documents help when applying for a U.S. passport or a Social Security number.
- Apply for a passport if needed:
– U.S.-born children can apply through the Department of State’s process.
– See the official “U.S. Passports for Minors” page on travel.state.gov for instructions.
- Seek legal help if you encounter problems:
– Contact the Asian Law Caucus, the ACLU, or local legal aid if hospitals, state vital records offices, or federal agencies cause issues.
- Monitor the case:
– If appeals move forward, rules could change. Check updates from the organizations involved and court dockets.
Agency operations — what offices should do
Because the order is blocked, federal and state offices must continue routine citizenship recognition for U.S.-born children:
- Hospitals: keep issuing standard birth worksheets.
- State vital records offices: issue birth certificates as usual.
- Social Security Administration and Department of State: process Social Security numbers and passports as before.
If a clerk cites Executive Order No. 14160 to deny service, ask for a supervisor and provide a copy or citation of the July 10 preliminary injunction in Barbara et al. v. Trump.
What could change next
- Appeal of the preliminary injunction: The administration may appeal to the circuit court; a stay could narrow or pause the injunction. No such motion is pending as of August 7.
- Trial on the merits: The district court could later rule on the order’s legality; that decision would likely be appealed.
- Supreme Court review: The Supreme Court could eventually hear the case and rule on whether the order can change birthright citizenship rules.
Practical effects for different groups
- Mixed-status families: Your U.S.-born child’s citizenship remains secure for now. Keep documentation current and renew passports on time.
- Hospitals and vital records offices: Continue present practices and train staff on the injunction to prevent wrongful denials.
- Schools: Enroll U.S.-born children as usual; do not require inquiry into a parent’s immigration status.
- Employers: For new hires who are U.S.-born, accept normal I‑9 documents; the injunction means no change to work authorization for citizens by birth.
Policy stakes
- Supporters of the order argue the Fourteenth Amendment’s phrase “subject to the jurisdiction” should exclude certain noncitizen children.
- Opponents point to Supreme Court history and long-standing practice that reject that narrower reading.
- The central legal clash: whether an executive order can redefine citizenship rules without Congress and against established constitutional interpretation.
How the Supreme Court’s CASA ruling fits in
- CASA limited the types of injunctions lower courts may issue but did not resolve the substantive constitutionality issue.
- That decision pushed challengers to pursue class actions, which can lawfully extend relief nationwide to all class members.
- The Barbara injunction demonstrates this tactical adjustment under new Supreme Court guidance.
Where to find official documents
For authoritative opinions and orders:
– Check the Supreme Court’s website for published opinions and procedural updates.
– Consult the Court’s docket for official texts of decisions like Trump v. CASA and future filings in related matters.
What to do if you’re told your child isn’t a citizen
- Ask for the decision in writing and the legal basis.
- Request a supervisor review and cite the July 10 nationwide class injunction in Barbara et al. v. Trump.
- Keep copies of your child’s birth certificate and any notices.
- Seek legal help quickly from the Asian Law Caucus or the ACLU.
- If a passport agency denies a minor’s passport, review required evidence on travel.state.gov and reapply with strong supporting documents (hospital records, parental IDs).
Common documents to gather
- Certified U.S. birth certificate
- Hospital birth record
- Parent photo IDs
- Proof of parent relationship if names differ
- Any agency letters or notes about status
Looking ahead
The dispute over birthright citizenship will likely return to appellate courts and possibly the Supreme Court. Until then, the class injunction stands. Families should follow trusted legal sources, maintain complete records, and act quickly if an official or clerk misapplies the current status.
For readers seeking deeper legal background on the Fourteenth Amendment and national rulings, consult the Supreme Court’s opinions page for primary sources and guidance. As the Barbara case proceeds, courts will test whether Executive Order No. 14160 can legally limit birthright citizenship without congressional action.
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