On January 20, 2025, President Trump signed Executive Order 14160, “Protecting the Meaning and Value of American Citizenship.” The measure directs that the privilege of United States citizenship does not automatically extend to persons born in the United States if their mother is present unlawfully, or lawful but temporary (visiting the US under ESTA, or visiting on a student, work, or tourist visa.), and their father is neither a U.S. citizen nor a permanent resident. The order was prospective as of February 19, 30 days after the order was announced.
Immigrants- and women’s-rights groups secured a nationwide preliminary injunction (PI) halting the order as likely unconstitutional under the Fourteenth Amendment and the Administrative Procedure Act. On February 15, the U.S. District Court for the District of Maryland, Greenbelt Division granted a nationwide preliminary injunction. On May 10, U.S. Court of Appeals for the Fourth Circuit judged that the district court’s universal injunction “too sweeping,” so it pared relief back to a “partial nationwide PI” blocking only the order’s “citizenship-notation” requirement while allowing the government to move forward on other implementation steps. However, the court left in place the district court’s finding that Executive Order probably violates the Fourteenth Amendment and the Administrative Procedure Act.
However, on June 27, 2025, the U.S. Supreme Court, by 6:3, ruled that lower courts may not extend relief beyond the parties before them unless a class is certified, and lifted nationwide protection everywhere the plaintiffs do not live. Because the plaintiffs reside in, and the PI still covers, certain jurisdictions, automatic birthright citizenship now persists in only 22 states and the District of Columbia: Arizona, California, Colorado, Connecticut, Delaware, Hawaiʻi, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, Wisconsin and Washington D.C. In the remaining 28 states, they will still issue birth certificates, but leave the citizenship designation blank. In addition, the federal agency could refuse to issue a U.S. passport or Social Security number of the children who are born in the 28 states.
However, the Supreme Court did not rule on the order’s constitutionality. Instead, it remanded the core question whether the executive order violates the Fourteenth Amendment, to the Fourth Circuit, which has scheduled merits arguments for October 2025.
It is expected that this decision will cause confusion. While County and state offices will still record births, the Federal Agencies including Social Security Administration and Department of State assign Social Security numbers and issue U.S. passports. This discrepancy will likely result in significant processing backlogs, inconsistent documentation, and conflicting jurisdictions. Pregnant non-citizens in the 28 affected states are likely to consider last-minute moves to protected jurisdictions. Such a sudden relocation in the late trimester can place serious physical and emotional strain on both mother and unborn child, and comes with practical challenges such as maintaining lawful immigration status, securing prenatal care in a new location, and finding suitable housing.
Many experts still believe that the Executive Order is unconstitutional under the 14th Amendment and is contrary to the Supreme Court’s long-standing precedent in Wong Kim Ark. However, the expectant parents and their unborn babies are left unprotected by this uncertainty, until the courts deliver a definitive ruling. If you are planning to give birth in the United States, take a hard look at your current immigration status, where you plan to give birth,12 and their finances. Also, we recommend you to find and consult with an immigration attorney to develop a personalized response strategy. Because policy and litigation timelines are moving quickly, stay connected to reputable news sources and legal updates so you can pivot as soon as circumstances shift.
At Song Law Firm, our Immigration team remains fully informed of the latest developments in immigration law and policy. We are committed to helping clients respond proactively to an ever-evolving legal landscape. If you have questions or concerns about your immigration situation, please contact us at mail@songlawfirm.com.
