What’s Happening?
A federal judge has blocked President Trump’s executive order that sought to restrict birthright citizenship in the United States. The ruling came in response to a lawsuit filed on behalf of families affected by the order and grants relief nationwide. The lawsuit will now proceed as a class-action. However, the judge issued a seven-day stay on his ruling, giving the federal government one week to appeal the decision. In the meantime, there is still uncertainty, but for now, the executive order cannot be enforced, and children born in the U.S. on or after February 20, 2025, are eligible for U.S. Citizenship.
The executive order, issued on January 20, 2025, stated that children born in the U.S. would no longer automatically receive U.S. citizenship unless at least one parent was a U.S. citizen or lawful permanent resident (green card holder). The order would have excluded children born to undocumented immigrants and even those born to some individuals in valid nonimmigrant status, such as students or visiting researchers.
On June 27th, the U.S. Supreme Court issued a decision limiting the use of nationwide injunctions, complicating efforts by lower courts to halt federal policies. However, the judge who issued the July 10th block noted that the plaintiffs in the class-action lawsuit had been granted class certification, making the injunction likely valid even under the Supreme Court’s new standard. Therefore, the Judge’s block halts enforcement of the executive order for now, and applies to children born on or after February 20, 2025.
Families and individuals concerned about this change should speak with legal counsel and stay up to date. The rules may continue to shift in the coming months as the legal challenges continue.
D&S is monitoring this developing situation closely and will share updates as they become available.