What does the Supreme Court ruling on U.S. birthright citizenship mean?

paola vanessa romero rondon
2 days ago
3 min read

Last Friday, June 27, the U.S. Supreme Court made a decision that could change the lives of thousands of immigrant families. The Court, in a split vote (6 to 3), decided to take away the power of federal judges to stop the president's decisions across the country, such as those that seek to restrict birthright citizenship.

Although the right to citizenship for U.S.-born children of immigrants was not annulled, this ruling weakens the mechanisms used to stop unjust laws by eliminating the so-called universal injunctions.

What is "birthright citizenship"?

Birthright citizenship (also known as jus soli) is the right of any person born in the United States to be considered a U.S. citizen, regardless of the immigration status of his or her parents.

This right is based on the 14th Amendment to the Constitution, which states:

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens..."

What exactly did the Supreme Court decide?

The Court did not eliminate birthright citizenship, but it did make an important decision:

It limited the power of federal judges to issue universal injunctions, i.e., decisions that halted laws or decrees on a nationwide basis while they were being thoroughly analyzed.
This decision favors the administration of Donald Trump, who signed an executive order on January 20, 2025 to deny citizenship to babies born in the U.S. to parents without legal status.

Now, federal judges cannot block that order for everyone, only for those directly involved in a lawsuit.

Who would be affected by Trump's order?

If it becomes fully effective, the measure would affect:

Babies born in the U.S. to undocumented parents.
Children of immigrants with temporary visas (tourism, study or work).
Pregnant persons who reside in the U.S. but do not have legal permanent residence.

It is estimated that more than 150,000 births per year would fall outside the automatic citizenship entitlement.

For more than 125 years, the Supreme Court had upheld birthright citizenship. A key example was the Wong Kim Ark case (1898), which established that a child born in San Francisco to Chinese parents was entitled to citizenship.

The recent decision does not overturn that precedent, but it does open the door for the government to limit this right by other means, by taking away the power of judges to stop presidential decisions across the board.

What happens now?

Trump's executive order has not yet been declared unconstitutional.
The case could return to the Supreme Court in the future to discuss whether it is legal to deny birthright citizenship.
In the meantime, the order could be applied at a limited level, if there are no judges who can stop it with universal measures.

Frequently Asked Questions (FAQ)

Did I lose my citizenship if I was born in the U.S. and my parents did not have papers?

No. If you already have U.S. citizenship, this ruling does not affect you. It would only impact future births.

Does automatic citizenship by birth still exist?

Yes, it still exists. But Trump's executive order seeks to change that practice for certain cases. The issue is still under legal debate.

Does this affect pregnant immigrant women?

Yes, potentially. If the order is enforced, children of immigrant women without legal status may not be considered citizens at birth.

What can I do if I am in this situation?

It is advisable to consult with an immigration attorney to find out how to protect your children's rights and your legal status.

Source: La Nación

Do you need a lawyer to help you get your papers in the United States?

At Inmigración Ok Abogados, we provide you with the help you need. We are a law firm with extensive experience in helping people like you to settle legally in the country.

Our firm not only stands out for its professionalism and efficiency, but also offers payment facilities so that you do not feel that your dreams are out of reach due to economic barriers. Inmigración Ok Abogados is committed to you, and our main objective is to make sure you have the best legal representation for your case.

Let us be part of your journey to a better and safer life in the United States. Our team is ready to answer all your questions and guide you through every step of the process, and best of all, your initial case review is free of charge!

Don't wait any longer and take the first step towards your future in the U.S. Write to us now to our WhatsApp al +1 (908) 585-4523! Our team looks forward to hearing your case and providing you with the advice you deserve. We will review your case free of charge.