US Plans to End Birthright Citizenship for Children Born to Non-Citizen Parents Under Trump Order

President Donald Trump’s executive order to limit birthright citizenship in the United States is facing multiple legal challenges, with several federal courts blocking its enforcement on constitutional grounds.

Signed on 20 January 2025, the order, titled Protecting the Meaning and Value of American Citizenship, seeks to restrict automatic US citizenship to children born on American soil only if at least one parent is a US citizen or lawful permanent resident. This represents a major departure from the established interpretation of the 14th Amendment, which has long granted citizenship to nearly all individuals born in the country, regardless of their parents’ immigration status.

So far, five federal courts have ruled against the order. The US Court of Appeals for the Ninth Circuit recently upheld a nationwide injunction, stating that the policy “contradicts” the 14th Amendment. District courts in New Hampshire, Massachusetts, and Maryland have also blocked the order, warning that children could suffer “irreparable harm” if denied citizenship under the new rules.

Despite these legal setbacks, federal agencies are preparing for possible implementation if the Supreme Court allows the order to move forward. The Social Security Administration (SSA) and the US Citizenship and Immigration Services (USCIS) are updating their procedures to reflect the proposed changes.

Under the new policy, children born in the US after the order’s effective date, currently set for 27 July 2025, would no longer be granted automatic citizenship based solely on a birth certificate showing US birth. Parents would need to provide additional evidence that at least one parent was a citizen or held lawful immigration status at the time of birth.

Acceptable documents would include a US passport, certificate of naturalisation, or government records confirming lawful permanent residency. Green card holders would be required to present Form I-551 or a Machine Readable Immigrant Visa, while refugee or asylum status would need to be verified through Form I-94 or other federal documentation.

The SSA’s revised procedures would apply not only to initial Social Security Number (SSN) applications, but also to replacement requests and situations where parents opt out of the Enumeration at Birth programme. Legal experts and immigrant rights groups have raised concerns about the potential impact on families with temporary or non-permanent immigration status. 

The Supreme Court is expected to issue a decision that could determine whether the long-standing interpretation of birthright citizenship under the 14th Amendment will remain in place.