Birthright Citizenship: Latest & Crucial Next Steps

It is known that Trump has issued an executive order to cancel birthright citizenship, meaning that children born after February 19, 2025, will not receive U.S. citizenship or U.S. passports. This has triggered tremendous panic among the Indian community on H-1B visas and other temporary visas, who have been navigating the complexities of visas and numerous extensions, but have found relief in their children acquiring U.S. citizenship. Now, the Trump administration has left them feeling deeply concerned.

Here are the next crucial steps related to birthright citizenship.

A new Executive Order (EO) on birthright citizenship will remain active until a federal judge hears arguments and decides its fate. If struck down, the EO will no longer be in effect.

This EO does not impact anyone already born. It only applies to children born after February 19, 2025.

Under this order, U.S. government agencies will not issue citizenship documents, such as passports, to children born after this date unless at least one parent is a U.S. citizen or green card holder.

U.S. District Judge John Coughenour, appointed by President Reagan, will hear arguments on the EO on Thursday at 10 a.m. His ruling could determine the EO’s future.

If the judge strikes down the EO, the Trump administration may appeal to the Supreme Court. However, until the Supreme Court rules, the EO will remain invalid.

If the judge upholds the EO, nothing changes. It will stay in effect as planned.

The 14th Amendment, introduced 157 years ago during the Civil War, contains the term “jurisdiction,” which is open to interpretation. A conservative judge could rule in favor of the EO based on this wording.

Currently, the 14th Amendment does not apply to children born to foreign diplomats in the U.S. For example, a child born to the Mexican or Indian ambassador does not receive U.S. citizenship, as stated on the USCIS website.

The U.S. government is now trying to expand this limitation to more cases using the same legal reasoning.

If the EO remains in effect, children born after February 19, 2025, will still receive a birth certificate but will not be eligible for a U.S. passport unless one parent is a citizen or green card holder.