Explainer: Understanding Birthright Citizenship

This executive order directs federal agencies to stop issuing or accepting documents that recognize the citizenship of children born in the United States (e.g. a birth certificate or a Social Security card) when the newborn does not have a U.S. citizen parent and falls into one of the categories listed below.

In Barbara, the Supreme Court reaffirmed that the 14th Amendment guarantees citizenship “to nearly all children born in the United States,” with only a closed set of limited exceptions for people who are born here but are not “subject to the jurisdiction” of the United States. Executive Order 14418, however, unlawfully goes beyond the exceptions recognized by the Constitution. Specifically, it aims to take citizenship away from children, whose parents are not US citizens, and who fall into any of the below categories:

1. Children of a foreign government employee. Currently, children of foreign ambassadors and diplomats are excluded from birthright citizenship because they have diplomatic immunity, which places them outside the jurisdiction of the U.S. But the executive order would expand this rule to also deny birthright citizenship to tens of thousands of children across the country who have a parent who works in a consulate office or embassy in the US.
2. Children of parents who engage in alleged fraud or a “commercial transaction” to access birthright citizenship. The executive order would deny citizenship to newborns based on the actions of their parents–something the Supreme Court already deemed unconstitutional in Barbara. The executive order does not fully define “commercial transaction” which could include not just surrogacy arrangements but transactions like the purchase of a flight or transit to the United States.
3. The children of an “alien enemy.” Under established law, children of a foreign and hostile occupying force are already excluded from birthright citizenship. But this executive order would change existing law to deny birthright citizenship to anyone the federal government decides to label an “alien enemy,” even though the United States is not being occupied by another government.  During World War II, when thousands of people of Japanese descent were incarcerated in camps as “alien enemies,” the U.S. government recognized the children born in those camps as U.S. citizens.
4. Children born in a US territory. The person/child is born in a US “territory” or “territorial waters” where citizenship is not otherwise provided by federal law. Courts have already held that federal law governs how citizenship is determined in federal territory.

No. Executive Order 14418 directs heads of federal agencies to issue guidance by September 5, 2026 on how the order will be implemented.

On September 2, 2026, the district court in the CASA v. Trump case issued a preliminary injunction blocking the Trump administration from enforcing or applying the executive order for now, finding that it is “almost certainly unconstitutional….”

ALC and our co-counsel in Trump v. Barbara have also asked the trial court in the Barbara case to bar the Trump administration from enforcing the new executive order.

The matter is pending, and we will update this webpage as the case develops.

On September 4 and 5, 2026, a number of federal agencies issued initial guidance on how they would implement Executive Order 14418 should the courts allow the executive order to go into effect. The guidance states that the application of the executive order is “prospective only,” and does not specify when the agencies would begin implementation. Under the guidance, all parents seeking recognition of their children’s citizenship would be required to present documentation to prove that they do not fall within the categories targeted by the executive order. Much of this verification process is unclear and leaves many questions unanswered.

Regardless of the issued guidance, right now the federal government is barred from actually applying or enforcing the executive order until a court decides otherwise.

Executive Order 14419 would enable ICE and USCIS to deport and strip legal status from anyone who comes to the US with the purpose of giving birth on U.S. soil or helps someone come to the U.S. for this reason. As written, the Trump administration could broadly apply the order, which itself gives fuel to xenophobic and anti-immigrant voices that wish to use a set of far-fetched and rare circumstances to deny access to citizenship.

Specifically, the executive order states that the State Department and the Department of Homeland Security will deny entry into the country, revoke visas or travel authorization, and deport anyone for either of the following reasons:

1. Entry into the U.S. using a nonimmigrant visa for the purpose of giving birth on U.S. soil
2. Facilitating or attempting to facilitate the entry of a foreign national into the U.S. for the purpose of giving birth on U.S. soil

The federal government already conducts extensive screenings before granting any temporary visa to the U.S., including asking the purpose for which the individual is traveling. This executive order could give agency officials broad power to act upon suspicions or accusations without proof.  Whether or how it is being implemented is not yet clear. ALC will continue to monitor any guidance federal agencies may issue on the executive order and how it will be implemented.

Sign up for updates at defendbirthright.com. In the coming weeks, we will be providing more legal information and calls to action.  If you are part of an organization and would like to get involved, join the American Promise campaign as an endorser.

On June 30, 2026, the Supreme Court  ruled that President Trump’s executive order restricting birthright citizenship was unconstitutional. Specifically, the Court said the executive order issued on January 20, 2025 violates the 14th Amendment.

This means that America’s law on birthright citizenship remains unchanged and protected: if you are born in the U.S., you are a U.S. citizen, regardless of your parents’ immigration status. 

The Supreme Court decision can be viewed here.

No, the Trump Administration cannot appeal the U.S. Supreme Court’s decision in Barbara. The Supreme Court is the highest court in the American judicial system. Decisions from the Supreme Court are final and not appealable.

Birthright citizenship is the law under the Fourteenth Amendment of the United States Constitution, as well as a federal statute called the Immigration Nationality Act. The Supreme Court’s decision in Barbara further affirms the principle that birthright citizenship applies to children born in the U.S. regardless of their parents’ immigration status.  

There is a procedure to change or amend parts of the U.S. Constitution, but that process is intentionally difficult. Any changes to birthright citizenship under the Fourteenth Amendment would require a proposed constitutional amendment that needs either a two thirds majority vote in both the House and the Senate, or a constitutional convention called for by two-thirds of the state legislatures. Three quarters of the nation's state legislatures would also then need to ratify the proposed amendment.

A class action is a lawsuit where one or more individuals sue on behalf of a larger group of people. The full group of people who can get relief from a favorable ruling is known as the “class” or “class members.”

Barbara v. Trump is a class-action case that seeks to strike down the Trump administration’s executive order on birthright citizenship and permanently stop the administration from applying it to anyone.

All children who are targeted by the executive order are automatically class members in Barbara. That means all children born in the United States on or after February 20, 2025 are part of the class if: (1) their father was not a United States citizen or lawful permanent resident at the time of their birth, and (2) their mother’s presence in the United States was unlawful or lawful but temporary at the time of their birth.

The Supreme Court decision in Barbara means that the Trump Administration cannot implement or enforce its executive order restricting birthright citizenship on you, your family member or anyone. If your child is born in the United States, whether they are a class member (or not), your child is a U.S. citizen.

Birthright citizenship refers to the legal principle that someone born in a country is automatically a citizen of that country. The United States is one of over 30 countries with birthright citizenship. Birthright citizenship is a constitutional right guaranteed by the Citizenship Clause of the 14th Amendment of the U.S. Constitution and federal statute.

For over 125 years and across multiple generations, U.S. law has guaranteed that if you are born in the United States, you are a citizen. The Supreme Court upheld this principle in its June 30, 2026  decision; the Supreme Court decision can be viewed here.

Birthright citizenship embodies America’s most fundamental promise that all children born on our soil begin life as full and equal members of our national community, regardless of their parents’ race, origins, status or circumstances. This principle has enabled generations of children to pursue their dreams and build a stronger America.

On January 20, 2025, President Trump signed executive order 14,160, which aimed to take away citizenship from children born in the United States to parents who lack permanent immigration status.

As written, the executive order attempted to get rid of birthright citizenship for U.S.-born children of certain immigrants, born after February 19, 2025.  Specifically, it said the government would no longer recognize citizenship for a child born in the United States if their father is not a citizen or legal permanent resident, and if their mother is (1) in the U.S. without legal status or (2) in the U.S. on a “lawful but temporary” basis.

Multiple lawsuits were filed challenging executive order 14,160, including Barbara v. Trump. As a result of advocacy efforts across communities, the executive order was blocked by the courts and ruled illegal.

Birthright citizenship is a core American policy and principle that has made our country stronger. Taking birthright citizenship away from children born in the U.S. to parents who lack permanent immigration status would impact all Americans. The harms and disadvantages would be clear and unavoidable:

• Restricting birthright citizenship would hurt children and families. Ending birthright citizenship for U.S.-born children with parents who are either unauthorized or are temporary immigrants would result in hundreds of thousands of children without U.S. citizenship each year. Migration Policy Institute estimates that  255,000 babies would be denied U.S. citizenship annually under a proposed policy like Executive Order 14,160. Without U.S. citizenship, these children would face increased risks of health and economic instability as they would be ineligible for basic benefits through federal programs like CHIP, SNAP and Medicaid. Impacted children would face exclusion from society and potential detention and deportation. The fear and uncertainty can be extremely damaging for children and their families. Some children would be left stateless, without any country recognizing them as a national or a citizen. That is why child advocacy groups support universal birthright citizenship.

• Restricting birthright citizenship would add bureaucracy and costs for all parents and families, regardless of citizenship or immigration status. The American Immigration Council points out that restricting birthright citizenship would increase bureaucracy and costs for all Americans, citizens and immigrants alike. A birth certificate issued by a jurisdiction within the United States counts as proof of U.S. citizenship, but this would change if birthright citizenship was eliminated. Instead, parents would have to undergo a citizenship verification process in order to prove their child’s citizenship – a process that would be invasive and complex, and would inevitably result in delays and errors. Without birthright citizenship, proving a child’s citizenship status would not only be more complex, but also more costly. A study from the National Foundation for American Policy estimates that new parents could find themselves paying an additional $3,000 in government and legal fees to prove the citizenship status of each baby born in this country.

• Restricting birthright citizenship would disproportionately harm Latino and AAPI communities. A proposed policy like Executive Order 14,160 directly targets children born to parents without permanent legal status, including parents with work visas, student visas, refugee and asylum seekers fleeing persecution and violence. Latinos and AAPIs, respectively, make up the largest noncitizen population in the U.S. Restricting birthright citizenship by parents’ immigration status would disproportionately affect Latino and AAPI communities.

Birthright citizenship is a positive feature of American society. In the words of Justice Jackson, in her concurrence in Barbara, it is the “anticaste engine [of the U.S. Constitution].  And with it, the Nation gained a new font of legitimacy and vitality.” That is why the Court’s decision in Trump v. Barbara is a victory for all Americans. Birthright citizenship is a policy and constitutional right that should be celebrated and preserved.

• Birthright citizenship advances equality under the law. Because all persons born on U.S. soil are citizens alike, birthright citizenship as a policy has effectively guarded against the creation of a caste system or different tiers of citizenship. In an equal and democratic society, citizenship should not be conditioned on race, religion, or the immigration status of one's parents.

• Birthright citizenship has greatly strengthened the U.S. economy. Birthright citizens make an outsized contribution to the U.S. economy -- they generate more than their fair share of taxes, they work in skilled and needed professions, revitalize cities, and create businesses that employ U.S. citizens. A recent study conservatively estimates that birthright citizenship will have contributed $7.7 trillion to the US economy between 1975 and 2074.

• Birthright citizenship reduces crime and strengthens communities. Birthright citizenship allows new generations to be welcomed as Americans, and facilitates integration and participation in civic and community life across the United States. Birthright citizenship fosters a sense of belonging and loyalty among its beneficiaries and their families. This has resulted in positive outcomes, including reduction in crime and better educational outcomes among youth.

• Message Guidance: Executive Orders on Citizenship (August 2026)
• ALC: Wong Kim Ark’s Legacy Lives on With Us
• ALC: Know Your Rights Guide for Immigrant Communities
• NILC: Know Your Rights Resource Page
• Native American Rights Fund: Native Americans and Immigration Enforcement - Know Your Rights
• American Immigration Council: Birthright Citizenship in the United States
• AAPI New Jersey: Teaching the 14th Amendment and Birthright Citizenship