Until June 27, 2025, all children born on U.S. soil were presumed to be American citizens. This principle is rooted in the 14th Amendment to the U.S. Constitution, ratified in 1868.
There were, however, limited exceptions to this rule—such as children born to foreign diplomats representing their countries in the United States. In rare historical cases, children of nationals from countries at war with the United States were also excluded under the 14th Amendment.
Thanks to this constitutional provision, immigrants from all over the world have long had the privilege—or what some might consider a right—of acquiring U.S. citizenship for their children by virtue of being born on American soil. Many high-ranking American public figures are themselves direct beneficiaries of this provision.
Birthright citizenship has been a constitutional guarantee since the aftermath of the Civil War. The 14th Amendment declares: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” Until recently, this wording was widely seen as unambiguous.
That interpretation was affirmed in 1898 by the U.S. Supreme Court in United States v. Wong Kim Ark, which granted citizenship to children born in the U.S. to foreign nationals, even those without legal status. The ruling established that birthright citizenship applied universally, without exception, across all states.
However, in January 2025, President Donald Trump—following his return to the White House—signed Executive Order 14160, aimed at eliminating automatic citizenship for children born to undocumented immigrants or those on temporary visas, unless one parent is a U.S. citizen or lawful permanent resident. The administration argued that the move was necessary to “protect the integrity of American nationality,” though the order has faced widespread criticism.
Many initially downplayed the impact of the executive order, assuming that even a conservative-leaning Supreme Court would not go so far as to overturn one of the nation’s foundational principles. But on June 27, 2027, a seismic shift occurred in the legal landscape surrounding U.S. citizenship.
In a historic ruling, the U.S. Supreme Court cleared the way for the Trump administration to implement its executive order in states that had not filed legal challenges against the measure. This marks the first time since the ratification of the 14th Amendment that the scope of birthright citizenship has been limited by federal action.
In a 6–3 decision, the Court did not rule on the constitutionality of Executive Order 14160. Instead, it narrowed the authority of federal judges to issue nationwide injunctions blocking presidential policies.
As a result, the 22 states that joined the lawsuit—along with the District of Columbia and several civil rights organizations—retain protections for birthright citizenship. In contrast, the remaining states are no longer shielded by the injunction and may enforce the executive order.
This means that, according to Reuters and The Washington Post, children born in certain U.S. states could now be denied citizenship based on their parents’ immigration status—a development unprecedented in modern American history.
Justice Amy Coney Barrett, writing for the majority, held that federal courts can no longer issue nationwide blocks on presidential decrees based solely on potential constitutional concerns. In dissent, Justice Sonia Sotomayor warned that the ruling opens the door to “legal chaos and massive disparities between states.”
President Trump welcomed the Court’s decision, telling Fox News that “citizenship cannot be an automatic right for the children of people who entered illegally.”
Governors of states that opposed the order expressed deep concern. The Governor of New Jersey, one of the plaintiffs in the lawsuit, stated that the policy “creates a two-tier America, where citizenship now depends on your zip code.”
For now, a new and unprecedented form of territorial inequality has emerged: in plaintiff states such as Massachusetts, California, New York, and Illinois, children born on U.S. soil still receive automatic citizenship. But in many other states, that guarantee no longer holds.
Undocumented couples must now consider the state in which they reside when deciding whether their child will be recognized as an American citizen at birth.
List of the 22 States and the District of Columbia Where Children Are Still Automatically Granted Citizenship:
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
Wisconsin
In the 28 remaining states, children born to undocumented immigrants are, like their parents, classified as “illegal” beginning 30 days after the Supreme Court’s ruling—as of July 27, 2027.
For immigrants living in states like Alabama, Florida, Georgia, Indiana, and Ohio, among others, citizenship may be denied to a newborn if the parents lack legal status.
Constitutional challenges remain underway. The central legal question—can a president restrict a constitutional guarantee of citizenship?—may ultimately be decided if the Supreme Court agrees to hear the case on its merits.
