Will the Stork Be Bringing an American?

The latest Supreme Court decision and an executive order from President Trump have changed how we think about birthright citizenship—who gets to be a U.S. citizen just by being born here. This is a big deal for many families, especially those without legal status in the U.S. In this blog post, I’ll explain Executive Order No. 14160 and the Trump v. CASA, Inc. court decision in simple terms. Then, I’ll talk about what these changes mean for babies born to parents without legal status, depending on when they were born or will be born. Finally, I’ll share what might happen next and what options parents have.

What Is Executive Order No. 14160?

Executive Order No. 14160, signed by President Trump, tries to change who gets U.S. citizenship when born in the United States. Here are the key points:

• Limits Birthright Citizenship: The order says some babies born in the U.S. are not “subject to the jurisdiction” of the U.S., so they don’t      automatically become citizens. This targets babies born to parents who are in the U.S. illegally or on temporary visas.
• New Rules for Citizenship: It sets up new guidelines to decide who qualifies for citizenship. For example, if parents are undocumented, their baby might not get citizenship, even if born on U.S. soil.
• Implementation: The order directs government agencies to enforce these new rules, affecting things like issuing passports or Social Security numbers to newborns.

This order challenges the 14th Amendment of the U.S. Constitution, which says anyone born in the U.S. and “subject to the jurisdiction thereof” is a citizen. Many experts think the order is unconstitutional, but it’s still causing a lot of confusion.

What Did the Trump v. CASA, Inc. Decision Say?

The Supreme Court case Trump v. CASA, Inc. (decided on June 27, 2025) dealt with whether courts can stop the government from enforcing Executive Order No. 14160 everywhere. Here’s what happened:

• Background: Three district courts (in Maryland, Washington, and Massachusetts) issued “universal injunctions” to block the order nationwide. This meant the government couldn’t enforce it against anyone, not just the people who sued.
• Court’s Ruling: The Supreme Court, in a decision written by Justice Barrett, said these universal injunctions went too far. Courts can only block the order for the specific people or groups who sued (called “plaintiffs”),  not for everyone.
• Partial Stay: The Court allowed the order to be enforced against people who aren’t plaintiffs in these lawsuits. However, the plaintiffs (some individuals, organizations, and states) are still protected, so the order can’t be used against their babies.
• No Decision on Constitutionality: The Court didn’t say whether the executive order is legal or not. That question is still being fought in      lower courts.
• Dissent’s Concerns: Justices Sotomayor and Jackson disagreed strongly. They said the ruling lets the government ignore the Constitution for people who can’t afford to sue, creating a system where some are protected and others aren’t.

In short, the executive order is now in effect for most people, except those who sued to stop it.

What Does This Mean for Babies Born in the U.S.?

Let’s break down what Executive Order No. 14160 and the Trump v. CASA decision mean for different situations involving babies born to parents without legal status in the U.S.

1. Babies Born Before the Executive Order (Before February 2025)

If your baby was born in the U.S. before Executive Order No. 14160 was signed (let’s say in 2024), they are likely safe. Here’s why:

• Citizenship Status: Before the order, the 14th Amendment clearly gave citizenship to anyone born in the U.S., regardless of their parents’ status. Your baby should already have citizenship documents, like a U.S. birth certificate or passport.
• No Retroactive Effect: The executive order doesn’t seem to take away citizenship from people born before it was signed. Courts would likely block any attempt to do that as unconstitutional.
• What to Do: Make sure you have your baby’s birth certificate and other proof of citizenship. If the government tries to question their status, contact an immigration attorney right away.

2. Babies Born After the Executive Order but Before Today (February 2025 to June 27, 2025)

If your baby was born after the executive order was signed but before the Supreme Court’s decision (between February and June 27, 2025), things are a bit trickier:

• District Court Injunctions: During this time, the district courts had blocked the order nationwide. This means the government couldn’t enforce the order, and babies born in the U.S. should still have received citizenship.
• Current Risk: Now that the Supreme Court has allowed the order to be enforced against non-plaintiffs, the government might try to challenge the  citizenship of these babies, especially if their parents are undocumented. For example, they might refuse to issue passports or Social Security numbers.
• What to Do: If your baby was born during this period, gather all documents proving their birth in the U.S. (like a hospital birth record or birth certificate). You may need to work with an attorney to confirm their citizenship status, especially if the government denies benefits or      documents.

3. Parents Expecting a Baby Any Day Now (After June 27, 2025)

If you’re in the U.S. without legal status and expecting a baby soon, the situation is very uncertain:

• Executive Order in Effect: Because of the Supreme Court’s ruling, the government  can now enforce Executive Order No. 14160 against you and your baby, since you’re not a plaintiff in the lawsuits. This means your baby might not be  granted U.S. citizenship at birth, depending on how the government applies the order.
• Practical Impact: When your baby is born, hospitals will still issue a birth certificate, but federal agencies might refuse to provide a passport, Social Security number, or other citizenship benefits. This could affect your baby’s access to things like healthcare, education, or the ability to stay in the U.S. legally later on.
• What to Do: Talk to an immigration attorney as soon as possible—before the baby is born, if you can. They can help you understand your options and  prepare for any challenges. Also, keep all records of your baby’s birth, like hospital documents, to prove they were born in the U.S.

Will There Be More Injunctions, and What Can Parents Do?

Likelihood of Additional Injunctions

There’s a good chance that more courts will try to block Executive Order No. 14160, but it’s not guaranteed. Here’s why:

• Lower  Courts Can Try Again: The Supreme Court said district courts can issue broader injunctions if they prove it’s necessary to protect the plaintiffs. For example, states like Washington or New Jersey might argue that the order hurts their economy or services, so a nationwide block is needed. If a court agrees, the order could be stopped again for everyone.
• Ongoing Lawsuits: Appeals are still happening in the Fourth, Ninth, and First Circuit Courts. These courts might decide the order is unconstitutional, which could lead to new injunctions or a final ruling against the order.
• New Lawsuits: Other people or groups can file new lawsuits to block the order. If they win, they could get injunctions to protect themselves, and maybe others, depending on what the court decides.
• Challenges: The Supreme Court’s ruling makes it harder for courts to issue nationwide injunctions. Plus, the government is pushing hard to keep the order in place, so new blocks might take time or face more legal fights.

Options for Parents

If you’re a parent without legal status, here are some steps you can take to protect your baby’s future:

1. Contact an Immigration Attorney: Find a lawyer who specializes in immigration. They can help you file a lawsuit to protect your baby’s citizenship or guide you through the process if the government denies your baby’s rights.
2. Join a Lawsuit: Some organizations, like CASA, Inc., are fighting the executive order. Ask if you can join their case as a plaintiff to get      protection from the order.
3. Gather Documents: Keep all records related to your baby’s birth, like birth certificates, hospital records, or proof of your time in the U.S. These can help prove your baby was born here.
4. Explore Other Immigration Options: If your baby might not get citizenship, talk to an attorney about other ways to secure legal status for you or  your child, like asylum, visas, or deferred action programs (if  available).
5. Stay Informed: Follow news about the executive order and court cases. Websites like this one can keep you updated.

Final Thoughts

Executive Order No. 14160 and the Trump v. CASA, Inc.decision have made things very complicated for families without legal status in the U.S. Babies born before the order are probably safe, but those born after February 2025, or about to be born, face a real risk of not getting U.S. citizenship. This could affect their whole lives, from going to school to staying in the country.

For now, parents need to act fast—get legal help, keep records, and explore all options. If you’re expecting a baby or worried about your child’s citizenship, don’t wait. Reach out to an immigration attorney today.