In the ongoing debate surrounding birthright citizenship in the United States, parents are understandably anxious about the implications of changing policies. Concerns have intensified since a recent executive order related to citizenship rights led many to question, “Is my baby still a U.S. citizen?” The Asian Law Caucus’ Kohli noted that parents, particularly in the 28 states not party to a lawsuit, have been worried enough to contemplate moving to ensure their child’s citizenship status.
I’m worried: Is my baby still a US citizen?
The Supreme Court’s ruling on June 27 opened the door for the federal government to enforce new policies in 28 states starting on July 27. However, a crucial ruling from the New Hampshire federal district court on July 10 has blocked the enforcement of this executive order nationwide until the class-action lawsuit tied to it is resolved. For now, the good news for parents is that the federal government continues to recognize the U.S. citizenship of babies born in the U.S., regardless of their parents’ immigration status or the state in which they were born.
Would anyone be stripped of their existing American citizenship with this order?
One common question is whether existing American citizens would face the risk of losing their citizenship due to this executive order. It’s important to clarify that Trump’s order does not propose to revoke citizenship from individuals who were born in the U.S. before February 19. This means that if your child was born before that date, their citizenship status remains secure, regardless of their parents’ immigration background.
I’m currently expecting a baby. Will they still become a US citizen automatically?
The situation becomes more complex for those expecting a child. Whether or not your baby will automatically gain U.S. citizenship hinges on the outcome of the ongoing class-action lawsuit challenging the executive order. The July 10 ruling from the New Hampshire district court has, for the moment, ensured that the Trump administration must uphold the recognition of U.S. citizenship for babies born to immigrant parents without permanent legal status, independent of where the birth occurs.
Once the White House initiates an appeal against this ruling, the case will proceed to a federal appeals court, and it could ultimately reach the Supreme Court. Other lawsuits regarding the constitutionality of the executive order are also advancing through the judicial system. It will be up to the Supreme Court to deliver a final verdict that may either overturn the executive order entirely or reaffirm its enforcement across the nation.
It’s noteworthy that the Supreme Court is currently in recess, with hearings set to resume in October. Until then, the injunction preventing the enforcement of the executive order remains active, providing temporary reassurance to parents worrying about their child’s citizenship status.
A version of this story originally published on June 27, 2025.
