In a key decision, the Supreme Court has allowed President Donald Trump’s executive order ending birthright citizenship for children of undocumented immigrants and temporary visa holders to proceed in 28 states. While the court did not rule on the constitutionality of the order, it struck down nationwide injunctions that had blocked its enforcement. A 30-day delay has been set before the order takes effect, giving legal challengers time to regroup.
States including California, New York, and Maryland—part of a group of 22 states that had sued the federal government—will not see immediate enforcement due to existing court blocks. Lawyers representing those states are now moving quickly to convert their cases into class-action lawsuits to preserve broader protections.
Also Read: US birthright citizenship fate remains unclear as SC limits judges' powers on nationwide injunctions
Stephen Yale-Loehr, immigration scholar at Cornell Law School, said as told to The New York Times:
“The court decision today means that unless a court certifies a class action within the next 30 days, the Trump administration can start to implement its repeal of birthright citizenship.”
With the 30-day window now active, immigration lawyers and civil rights groups are racing to block enforcement before it begins. The constitutional question of who qualifies as an American citizen remains unresolved and is likely headed for another round in the courts.
Also Read: US Supreme Court's birthright citizenship decision expected in October
What the Supreme Court’s Decision Means for Birthright Citizenship
Does the executive order on birthright citizenship take immediate effect?
No. The court imposed a 30-day delay. The order may be implemented only in the 28 states that did not file legal challenges. In states that did, earlier court rulings remain in place, pending further litigation.
What are the next legal steps?
Challengers have filed for class-action status, which would allow affected individuals across all states to be represented collectively. The Supreme Court left open this legal path. Federal judges will need to certify these classes quickly for them to have legal standing.
Tianna Mays, legal director at Democracy Defenders Fund, said to The New York Times:
“The Constitution guarantees birthright citizenship, and no procedural ruling will stop us from fighting to uphold that promise.”
Could children born in the US now become stateless?
Yes. In enforcement states, babies born to undocumented immigrants may not receive US citizenship. While many will inherit citizenship from their parents’ home countries, some may not, depending on each country’s nationality laws.
Can these children be deported?
Experts say deportation would depend on the parents’ immigration status. Cristina Rodriguez, a professor at Yale Law School, told The New York Times:
“What will matter is the status of the parents, in which case there is no bar for removing the babies along with parents.”
What about children of legal visa holders?
Under the executive order, children born to individuals on temporary visas—such as H-1B workers or student visa holders—would not automatically receive citizenship. These children may inherit temporary status but would lack the rights tied to citizenship.
Rodriguez added:
“They just won’t get birth certificates.”
What happens if the executive order is later overturned?
Children born during enforcement might gain retroactive citizenship if courts eventually invalidate the order. However, this would require a formal process and could delay access to healthcare, education, and legal documentation.
Rodriguez warned:
“Practically, it could be a gigantic hassle, and there could be significant consequences.”
How would this impact families with mixed-status children?
If a family has children born before and after the order, citizenship status could differ among siblings. This may lead to complications in accessing benefits or remaining in the country.
Yale-Loehr told The New York Times:
“The practical problems of ending birthright citizenship are both huge and unpredictable.”
States including California, New York, and Maryland—part of a group of 22 states that had sued the federal government—will not see immediate enforcement due to existing court blocks. Lawyers representing those states are now moving quickly to convert their cases into class-action lawsuits to preserve broader protections.
Also Read: US birthright citizenship fate remains unclear as SC limits judges' powers on nationwide injunctions
Stephen Yale-Loehr, immigration scholar at Cornell Law School, said as told to The New York Times:
“The court decision today means that unless a court certifies a class action within the next 30 days, the Trump administration can start to implement its repeal of birthright citizenship.”
With the 30-day window now active, immigration lawyers and civil rights groups are racing to block enforcement before it begins. The constitutional question of who qualifies as an American citizen remains unresolved and is likely headed for another round in the courts.
Also Read: US Supreme Court's birthright citizenship decision expected in October
What the Supreme Court’s Decision Means for Birthright Citizenship
Does the executive order on birthright citizenship take immediate effect?
No. The court imposed a 30-day delay. The order may be implemented only in the 28 states that did not file legal challenges. In states that did, earlier court rulings remain in place, pending further litigation.
What are the next legal steps?
Challengers have filed for class-action status, which would allow affected individuals across all states to be represented collectively. The Supreme Court left open this legal path. Federal judges will need to certify these classes quickly for them to have legal standing.
Tianna Mays, legal director at Democracy Defenders Fund, said to The New York Times:
“The Constitution guarantees birthright citizenship, and no procedural ruling will stop us from fighting to uphold that promise.”
Could children born in the US now become stateless?
Yes. In enforcement states, babies born to undocumented immigrants may not receive US citizenship. While many will inherit citizenship from their parents’ home countries, some may not, depending on each country’s nationality laws.
Can these children be deported?
Experts say deportation would depend on the parents’ immigration status. Cristina Rodriguez, a professor at Yale Law School, told The New York Times:
“What will matter is the status of the parents, in which case there is no bar for removing the babies along with parents.”
What about children of legal visa holders?
Under the executive order, children born to individuals on temporary visas—such as H-1B workers or student visa holders—would not automatically receive citizenship. These children may inherit temporary status but would lack the rights tied to citizenship.
Rodriguez added:
“They just won’t get birth certificates.”
What happens if the executive order is later overturned?
Children born during enforcement might gain retroactive citizenship if courts eventually invalidate the order. However, this would require a formal process and could delay access to healthcare, education, and legal documentation.
Rodriguez warned:
“Practically, it could be a gigantic hassle, and there could be significant consequences.”
How would this impact families with mixed-status children?
If a family has children born before and after the order, citizenship status could differ among siblings. This may lead to complications in accessing benefits or remaining in the country.
Yale-Loehr told The New York Times:
“The practical problems of ending birthright citizenship are both huge and unpredictable.”
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