Birthright Citizenship in the United States: Status and What If the Order Takes Effect
Right now, the United States still operates under the long‑standing rule that a child born on U.S. soil is automatically a U.S. citizen, under the 14th Amendment’s “birthright citizenship” guarantee. President Donald Trump issued an executive order in early 2025 attempting to carve out an exception for children born to parents who are neither U.S. citizens nor lawful permanent residents, but that order has been blocked by federal courts. As of April 2026, the Supreme Court is reviewing the case, and a final decision is expected by late June or early July.
Current Legal Status
Courts have repeatedly put the executive order on hold, meaning birthright citizenship continues without change for now. The Supreme Court heard oral arguments on April 1, 2026, in a case titled Trump v. Birthright Citizenship, after the Fifth Circuit and later the Supreme Court had previously allowed the order to stand temporarily while litigation continued. Legal experts and civil‑rights groups argue that the president cannot unilaterally override the 14th Amendment, which says that anyone “born or naturalized in the United States” and “subject to the jurisdiction thereof” is a U.S. citizen.
What the Executive Order Would Do
The executive order would deny U.S. citizenship at birth to children born in the United States if neither parent is a U.S. citizen or lawful permanent resident. This would apply mainly to children of parents who are in the U.S. temporarily on visas, undocumented, or holding other non‑immigrant status. The President’s administration has argued that Congress can redefine who is “subject to the jurisdiction” of the United States, and that the order would help protect national security and immigration enforcement. Critics counter that it would strip citizenship from tens of thousands of children each year and risk creating a class of effectively stateless people.
