Birthright Citizenship
Supreme Court Ruling on Birthright Citizenship – What It Means for You
On June 27, 2025, the U.S. Supreme Court made an important ruling that could affect some children born in the U.S. to immigrant parents.
Earlier this year, President Trump issued an order to take away birthright citizenship from
children born in the U.S. to parents who are undocumented or in the U.S. temporarily. Several courts blocked that order from going into effect.
Now, the Supreme Court has said that lower courts can’t block the order nationwide. That means the President’s order might go into effect in some states, while staying blocked in others. It’s not a final decision on whether the President’s order is legal—it just affects how and where the order can be stopped.
What this means:
If you are confronted or detained by ICE, it’s essential to know your rights:
- If you live in a state with a court order blocking the policy (like California, Illinois, Washington, or Massachusetts), the birthright rule still protects you—for now.
- If you live in other states, the President’s policy could go into effect in about 30 days unless new legal action is taken.
- This could lead to different rules in different states, which may create confusion for families.
For Undocumented Parents Planning a Birth
- Stay informed on your state’s status, especially once the 30-day period ends.
- Expect delays or complications in documentation, such as obtaining a birth certificate, social security number and passport issuance, even if citizenship is ultimately restored.
- Courts may step in again, so the situation could shift rapidly.
What to know:
- This is not a final decision on the birthright citizenship rule. The issue will continue in the courts.
- For now, nothing changes immediately for most families.
- Advocates and civil rights groups are preparing lawsuits to preserve birthright citizenship in affected regions.
States Where the Executive Order Is Not Enforced
As of June 30, 2025. 22 states and the District of Columbia have successfully obtained court orders blocking enforcement of the executive order. These states are:
Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.
For now, there’s no action required—but this is a fast-moving situation. We want you to know that many organizations and legal advocates are working hard to defend birthright citizenship, and we remain committed to keeping you informed and supported as the situation develops.
Need assistance? Contact an immigration attorney to help guide you through the process!
Call us today to schedule a consultation at (312) 971-7221
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