What’s the latest on birthright citizenship? What Trump’s order means for immigrant families

July 10, 2025

President Donald Trump signed an executive order attempting to withhold U.S. citizenship from children born to certain immigrant parents in the United States, immediately facing legal challenges. A federal judge in New Hampshire recently blocked this order by issuing a temporary injunction while certifying a class-action lawsuit on behalf of affected children. The executive order specifically targets infants born to mothers without permanent immigration status or those with temporary legal status, potentially affecting approximately 255,000 children annually according to analysis by the Migration Policy Institute.

Who is affected

Children born in the U.S. to mothers without permanent immigration status and fathers who are not citizens or permanent residents
Children born to mothers with temporary legal status (work, student, or tourist visas) and non-citizen fathers
Potentially LGBTQ+ couples and single mothers, though application is unclear due to the order's biological definitions
An estimated 255,000 children annually who would be denied citizenship
Potentially 5.4 million unauthorized immigrants by 2075 if the policy remains in effect
Children who could become stateless if they cannot establish citizenship in their parents' home countries

What action is being taken

A federal judge in New Hampshire is blocking Trump's executive order through a temporary injunction
The judge is certifying a class-action lawsuit on behalf of all children affected by the order
The Trump administration has seven days to challenge the ruling in federal appeals court
Legal challenges against the order are proceeding through multiple courts
The Trump administration is actively defending its policy and seeking to implement it in states not covered by legal challenges

Why it matters

The executive order attempts to end a constitutional right guaranteed for over 150 years
The 14th Amendment explicitly states that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens"
The 1898 Supreme Court case United States v. Wong Kim Ark reaffirmed birthright citizenship for children of immigrants
Without citizenship, affected children would be denied U.S. birth certificates, Social Security numbers, and passports
The policy could create a growing population of stateless children with no citizenship rights
The order represents a significant reinterpretation of constitutional rights that have been established for generations

What's next

If the appeals court doesn't intervene, Judge LaPlante's ruling will go into effect next week, before July 27
Without further legal action, the executive order is set to take effect on July 27 in 28 states with Republican attorneys general who didn't challenge it
U.S. Attorney General Pam Bondi expects the Supreme Court to rule on the legality of the executive order by fall, specifically in October
Multiple cases challenging the order itself are continuing to move through the courts

Read full article from source: The 19th