Shifting sands of US citizenship: Birthright citizenship potentially ending

Significant changes to US citizenship regulations could come into effect on July 27, 2025, potentially impacting millions of children and drastically reshaping the immigration landscape.

A presidential executive order by Donald Trump may end automatic US citizenship for children born in the United States to parents with undocumented status or temporary visas. This move brings a long-debated issue to the forefront and has sparked a series of legal battles.

Legal background and court decisions

Earlier this year, 22 US states, including California, New York, and Washington, legally challenged the order, leading lower federal courts to issue temporary nationwide injunctions. However, the US Supreme Court recently ruled that such injunctions cannot automatically apply nationwide, but only to the parties involved in the specific lawsuits. As a result, these injunctions will expire in states where no lawsuit was filed.

This means that in the 28 states that did not challenge the order, birthright citizenship could be abolished from July 27, 2025. From this date, if a child is born in the US to parents who do not have permanent resident status or US citizenship, the child will not automatically receive a US passport.

Who could be affected?

The impact of the order could be widespread:

• Children of undocumented mothers: Children whose mothers are residing illegally in the US, and whose fathers are also not US citizens or green card holders, will likely not receive citizenship.
• Children of parents on temporary visas: Children whose parents are in the country on temporary visas, such as tourist or student visas, may also be affected.

Currently, over 4 million children in the United States are US citizens, but at least one of their parents does not have legal status. For instance, in Washington state alone, there are over 122,000 such children. This immense number highlights the significant social and humanitarian consequences that the implementation of this order could entail.

Advocacy groups’ new strategy

Advocacy organisations are not giving up the fight. They are adopting a new strategy of filing class-action lawsuits that represent all affected children and families. If these lawsuits are successful, a nationwide suspension of the order could once again occur.

Potential consequences

The Supreme Court’s decision could mark a historic turning point in US citizenship regulations. If the order takes effect, it could usher in a new era in immigration policy, with many children being born in the US without automatically acquiring US citizenship. This could create significant challenges for social integration and legal status, and will likely lead to further legal and political debates.

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