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Birthright Citizenship Executive Order

What You Need to Know

On January 20, 2025, President Trump issued an Executive Order on birthright citizenship. The Order seeks to prevent children born in the United States from becoming U.S. citizens if their parents are undocumented or hold lawful temporary status. Birthright citizenship has been legally permitted for more than 100 years and is protected by the 14th Amendment to the U.S. Constitution.
The Executive Order is currently not in effect while it is being challenged in several lawsuits. Birthright citizenship is therefore protected at this time, but the courts have not made a final decision on the Order’s legality.

LATEST UPDATE

On April 1, 2026, the U.S. Supreme Court heard oral arguments in Trump v. Barbara on the constitutionality of the Executive Order. A decision is expected by the end of June 2026. Until the Court rules, the Order remains blocked and birthright citizenship continues to apply to all children born in the United States.

Who could be impacted?

The Executive Order limits birthright citizenship to children of at least one U.S. citizen or Lawful Permanent Resident (LPR). It would impact, among others:

•  Children whose mother is “unlawfully present” in the U.S. and whose father is not a U.S. Citizen or LPR; and
• Children whose mother is in a temporary legal status and whose father is not a U.S. Citizen or LPR. Temporary legal status includes nonimmigrants (visitor, student, temporary worker, etc.), parolees, TPS beneficiaries, Visa Waiver Program entrants, deferred action recipients, LIFE Act Family United beneficiaries, and people granted withholding or deferral of removal under the Convention Against Torture, among others.

What happens if the Executive Order takes effect?

If the Executive Order is upheld, the implementation timeline is unclear. Many logistical and administrative issues remain unresolved — including how to prove eligibility for U.S. citizenship and what the immigration status of impacted children would be after birth. Hospitals, local governments, vital statistics offices, and the Social Security Administration would all need to change how they issue documents to newborns.

QUESTIONS? CONTACT US.

If you would like additional information about this Executive Order or how it may affect your family, please contact our office to schedule a confidential consultation.

750 Main Street, Suite 100  •  Hartford, CT 06103

(860) 560-8382  •  [email protected]  •  https://immigration.sharmalawct.com
 
Attorney Advertising. This information is for general informational purposes only and does not constitute legal advice; reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Adapted with permission from materials provided by the American Immigration Lawyers Association (AILA) to its members. © 2026 American Immigration Lawyers Association. Original AILA flyer last updated February 2, 2026; the “Latest Update” and firm contact information were added by the Law Office of Aakash Sharma, LLC. Attorney Aakash Sharma is licensed in Connecticut; immigration is a federal practice area.