Birthright Citizenship Is Under Attack—What Families Need to Know Now

The constitutional right to birthright citizenship in the United States—long considered a settled issue—has come under renewed legal and political fire in 2025. Earlier this year, former President Donald Trump issued Executive Order 14160, an attempt to deny automatic citizenship to children born in the U.S. to undocumented or temporary-status parents. The Order, which reinterprets the Fourteenth Amendment’s guarantee of citizenship, was set to apply to children born on or after February 19, 2025.

From the outset, legal experts and civil rights advocates condemned the order as unconstitutional. Within days of its announcement, litigation began across the country. Several federal courts issued injunctions blocking the order from taking effect, finding that it likely violated both the Constitution and federal statutes that have long governed the conferral of U.S. citizenship at birth.

Then, in June 2025, the legal landscape shifted. In a significant procedural ruling, the U.S. Supreme Court decided Trump v. CASA, limiting the ability of lower courts to issue broad, nationwide injunctions unless a class of affected plaintiffs had been formally certified. The Court did not rule on whether the executive order was legal—it simply constrained how relief could be granted.

In response, immigrant families, legal organizations, and several states moved swiftly to seek class certification in multiple cases. In Barbara v. Trump, a federal judge in New Hampshire certified a class of children born under the executive order’s timeline and issued a new nationwide injunction, temporarily blocking the order for all members of that class. That decision was followed by further rulings in federal courts in California and Massachusetts that also reaffirmed the unconstitutionality of EO 14160. These decisions have added more legal weight against the order, but litigation remains active and ongoing.

While these court victories offer temporary protection, they are not the final word. The constitutional question—whether the federal government can redefine who is “subject to the jurisdiction” of the United States—has not yet been squarely decided by the Supreme Court. And the fact that USCIS recently issued an internal implementation plan for EO 14160 suggests that the administration is preparing for rapid enforcement should the legal tide turn.

For many of our clients and community members, this situation creates understandable anxiety. Parents worry whether their U.S.-born children’s status could be called into question. Mixed-status families fear how uneven enforcement across jurisdictions might affect their ability to travel or seek benefits. And everyone is asking the same basic question:

Are our children still safe?

As of today, the answer remains yes—but the threat is real, and the fight is far from over. Birthright citizenship remains protected by existing law, but the current litigation strategy is complex and depends heavily on how courts manage class action certification, the geographic scope of injunctions, and the willingness of the Supreme Court to eventually weigh in on the underlying constitutional issues.

At Katsivalis & Anderson Law, we are tracking each development in real time. We encourage families with U.S.-born children—especially those born in 2025—to speak with an immigration attorney about documentation, travel risks, and planning strategies. This is not a time for panic, but it is a time for preparation. The policies may be in flux, but your rights are not negotiable.

If you have questions about how Executive Order 14160 could impact your family—or if you're seeking guidance on how to best protect your children’s status—our team is here to help. We offer compassionate, experienced counsel based on the law as it stands today and with an eye on what could come tomorrow.

Call our office at 773-657-3633 to schedule a consultation, or contact us online to learn more.