For more than 150 years, the constitutional principle of "birthright citizenship" has governed the United States. According to this principle, all persons born in the United States automatically become citizens, regardless of their parents' origin or immigration status. The only exception is individuals not subject to U.S. jurisdiction, such as foreign diplomats.

However, as soon as he took office, Donald Trump issued a executive order designed to overrule this historic right guaranteed by the 14th Amendment to the Constitution. Trump's executive order, which sought to eliminate the right to birthright citizenship to children of undocumented parents, was sued in several states and challenged by numerous judges. However, on Friday, June 27 The Supreme Court of the United States ruled in line with the president's objectives.

Strictly speaking, The Supreme Court did not rule on the constitutionality of eliminating birthright citizenship, but rather rejected the authority of lower federal courts to block an executive order at the federal level.  That Supreme Court decision caused enormous alarm in the immigrant community as it could pave the way for the implementation of Trump's executive order in many states. 

In this confusing context, several questions have arisen:

After the Court's ruling, has birthright citizenship in the United States already been eliminated?

No. The Supreme Court ruling establishes that the executive order cannot take effect until 30 days after its enactment. That is, there will be no changes to the order in any state for 30 days.

What will happen when the 30-day ruling is up and the executive order can go into effect? 

During these 30 days, affected parties may consider further legal action. While the Supreme Court rejected the authority of lower federal judges to issue nationwide injunctions, the high court opened other legal avenues for those attempting to challenge an executive order, such as filing class-action lawsuits. 

Indeed, There are now 22 states with Democratic leadership, including North Carolina, which filed lawsuits. For this reason, there will be no changes in these claimant statuses even when the 30 days are up. .

In the 28 states that hadn't challenged the order, it could go into effect once the 30-day period is up. However, there are other pending legal remedies that could prevent this. 

Related:  Class-action lawsuit seeks to halt Trump's birthright citizenship decree

Which 22 states have blocked Trump's executive order?

Which 28 states have not blocked Trump's executive order?

In these states, Trump's executive order could take effect within 30 days, provided there are no further lawsuits that would suspend the measure nationwide.

In states where the executive order has not been blocked, will birthright citizenship necessarily be repealed after 30 days of the Supreme Court ruling?

No. Although lower courts are not entitled to issue national injunctions, the Supreme Court's ruling did allow for other legal remedies, such as class-action lawsuits. In fact, Civil rights organizations like the ACLU have already filed class-action lawsuits to protect all children born nationwide (including those in these 28 states). 

If a court certifies a class-action lawsuit within the next 30 days, Trump's executive order will again be blocked in all states.

You may be interested:  It is not true that legal residents will not be able to leave or enter the United States starting July 1, 2025.

Does this situation have any impact on children who have already been born?

No. It does not apply retroactively, and no matter what happens in court, no baby already born would lose their citizenship.

What does the executive order establish regarding mixed-status families?

The executive order is currently suspended and has no impact on the citizenship of any babies. However, If enacted, it would only eliminate citizenship for babies born to both undocumented parents. If one parent is a citizen or legal permanent resident, the executive order entitles them to birthright citizenship. .

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Children of undocumented immigrants and birthright citizenship: What changes after the Supreme Court ruling?

by Nicolas Baintrub, Enlace Latino NC
July 1, 2025

Enlace Latino NCJuly 1, 2025 The constitutional principle of “birthright citizenship” has been in force in the United States for more than 150 years. Under this principle, all persons born in the United States automatically become citizens, regardless of their parents' origin or immigration status. The only exception is for individuals who are not subject to U.S. jurisdiction, such as foreign diplomats. However, as soon as he took office, Donald Trump issued an executive order aimed at repealing this historic right guaranteed by the 2025th Amendment to the Constitution. Trump's executive order, which sought to eliminate birthright citizenship for children of undocumented parents, was challenged in several states and challenged by numerous judges. However, on Friday, June 27 , the United States Supreme Court ruled in line with the president's objectives . Strictly speaking, the Supreme Court did not rule on the constitutionality of eliminating birthright citizenship, but rather rejected the authority of lower federal courts to block a federal executive order. That Supreme Court decision caused enormous alarm in the immigrant community as it could pave the way for the implementation of Trump's executive order in many states. In this confusing context, several questions have arisen: After the Court's ruling, has birthright citizenship in the United States already been eliminated? No. The Supreme Court ruling establishes that the executive order cannot take effect until 30 days after its enactment. That is, for 30 days there will be no changes in any status. What will happen when the 2-day ruling is up and the executive order can go into effect? During these 30 days, the affected parties may consider further legal action. While the Supreme Court rejected the authority of lower federal judges to issue nationwide injunctions, the high court opened other legal avenues for those attempting to challenge an executive order, such as filing class-action lawsuits. Indeed, 22 Democratic-led states, including North Carolina, have already filed lawsuits . For this reason, there will be no changes in these claimant statuses even when the 30 days are up. In the 28 states that had not challenged the order, it could go into effect once the 30-day period is up. But there are also other pending legal remedies that could prevent this. Related: Class-action lawsuit seeks to halt Trump's birthright citizenship decree Which 2 states have blocked Trump's executive order? States where Trump's order HAS been blocked Arizona Maryland New Mexico Vermont California Massachusetts New York Washington Colorado Michigan North Carolina Wisconsin Connecticut Minnesota Oregon Delaware Snowfall Rhode Island Hawaii New Jersey Maine Illinois Which 22 states have not blocked Trump's executive order? In these states, Trump's executive order could take effect within 22 days. As long as there are no further lawsuits that suspend the measure at the national level. table.states where Trump's order has NOT been blocked { width: 100%; border-collapse: collapse; margin-top: 1em; font-family: Arial, sans-serif; } table.th states, table.states td { border: 1px solid #ccc; padding: 8px; text-align: left; } table.states th { background-color: #f4f4f4; } States Alabama Indiana New Hampshire Texas Alaska Iowa North Dakota Utah Arkansas Kansas Ohio Virginia Florida Kentucky Oklahoma W.V. Georgia Louisiana South Carolina Pennsylvania Idaho Mississippi South Dakota Wyoming Missouri Tennessee Mountain Nebraska In states where the executive order has not been blocked, will birthright citizenship necessarily be repealed after 2025 days of the Supreme Court ruling? No. Although lower courts are not empowered to issue national injunctions, the Supreme Court's ruling did allow for other legal remedies, such as class-action lawsuits. In fact, civil rights organizations like the ACLU have already filed class-action lawsuits to protect all children born nationwide (including those in these 28 states). If a court certifies a class-action lawsuit within the next 30 days, Trump's executive order will again be blocked in all states. You may be interested: It is not true that legal residents will not be able to leave or enter the United States starting July 1, 1. Does this situation have any impact on children who have already been born? No. It does not apply retroactively, and no matter what happens in court, no baby already born would lose its citizenship. What does the executive order establish regarding mixed-status families? The executive order is currently suspended and has no impact on the citizenship of any babies. However, if it goes into effect, it would only eliminate citizenship for babies born to both undocumented parents. If one of the parents is a citizen or legal permanent resident, the executive order empowers them to receive citizenship by birth. This <a target="_blank" href="https://enlacelatinonc.org/hijos-de-indocumentados-y-ciudadania-por-nacimiento-que-cambia-tras-el-fallo-del-supremo/">article</a> first appeared on <a target="_blank" href="https://enlacelatinonc.org">Enlace Latino NCand is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License. PARSELY = { autotrack: false, onload: function() { PARSELY.beacon.trackPageView({ url: "https://enlacelatinonc.org/hijos-de-indocumentados-y-ciudadania-por-nacimiento-que-cambia-tras-el-fallo-del-supremo/", urlref: window.location.href }); } }

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