In January 2025, an executive order instructed the federal government to deny citizenship to any child born in the U.S. whose parents were neither citizens nor lawful permanent residents, directly challenging a 127-year-old Supreme Court precedent, according to Americanimmigrationcouncil. This directive has left many immigrant mothers worried their U.S.-born babies could be left stateless, awaiting a critical Supreme Court decision expected by early July, reports WBEZ Chicago.

The 14th Amendment and a landmark 1898 Supreme Court decision affirm birthright citizenship for nearly all persons born in the U.S. However, this recent executive order seeks to unilaterally overturn this established legal principle.

Based on the historical precedent of Wong Kim Ark and the broad language of the 14th Amendment, the Supreme Court is likely to uphold birthright citizenship, though a narrow ruling could still create significant uncertainty for immigrant families.

  • In January 2025, President Trump issued an executive order to deny citizenship to children born in the U.S. to parents without legal or permanent status, according to Americanimmigrationcouncil.
  • The U.S. Supreme Court ruled by early July on the executive order’s challenge to birthright citizenship, reports WBEZ Chicago.
  • The 1898 Supreme Court decision in United States v. Wong Kim Ark affirmed birthright citizenship for nearly all persons born in the U.S. including children of non-citizens, states Americanimmigrationcouncil.
  • The Wong Kim Ark ruling was a 6-2 majority decision, solidifying its legal weight, according to Constitutioncenter.
  • The Supreme Court previously rejected birthright citizenship for Black people in the 1857 Dred Scott v. Sandford case, according to Brennancenter.
  • Immigrant mothers worry their U.S.-born babies could be left stateless if the Supreme Court upholds the executive order, notes WBEZ Chicago.