The battle over birthright citizenship—a constitutional right guaranteed under the 14th Amendment—has intensified following President Donald Trump’s first-day executive order to end citizenship for children born in the United States to undocumented or temporary status parents.
The order, signed on Trump’s first day in office, sparked immediate legal challenges.
Federal judges across the country issued injunctions to halt its enforcement while the lawsuits advanced. The Trump administration, in turn, sought to scale back those injunctions at the U.S. Supreme Court.
In Trump v. Casa Inc. (decided June 27, 2025), the Court ruled that lower courts should not automatically impose nationwide injunctions, but instead limit relief to the specific plaintiffs involved. This ruling opened the door for Trump’s order to potentially take effect in some states.
However, the American Civil Liberties Union (ACLU) countered with a class action, Barbara v. Trump, filed July 10, 2025. A federal court provisionally certified a nationwide class of all U.S.-born children of undocumented or temporary status parents, effectively halting the order’s implementation nationwide. The Trump administration did not appeal within the seven-day deadline, leaving the injunction in place.
Meanwhile, another lawsuit, NHICS v. Trump, advanced on the constitutional merits. A federal appeals court struck down the executive order as unconstitutional, reaffirming that the 14th Amendment protects birthright citizenship.
On July 18, 2025, the Justice Department requested and received an extension to appeal, pushing the deadline to August 22. Government attorneys have since sought an additional extension until September 22, signaling that they intend to bring the case—or a combination of pending cases—to the Supreme Court. Both sides agreed to the delay.
For now, birthright citizenship remains intact nationwide, and Trump’s executive order is unenforceable. But with multiple lawsuits moving through the courts and the Solicitor General preparing for a potential Supreme Court review in 2026, the issue remains far from settled.
