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The Fourteenth Amendment to the U.S. Constitution states that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." This has traditionally been interpreted to grant automatic birthright citizenship to anyone born on U.S. soil, regardless of their parents' immigration status, as affirmed in United States v. Wong Kim Ark (1898).

Recently, there have been executive actions and legal challenges seeking to restrict birthright citizenship, particularly for children born to undocumented immigrants or individuals on temporary visas. Given that multiple federal courts have issued preliminary injunctions blocking enforcement of these policies, what is the current legal status of birthright citizenship while these cases are pending.

Are children born today in the U.S. to undocumented immigrants or non-citizen parents currently considered U.S. citizens at birth, while legal challenges are ongoing?

Schwarz Kugelblitz
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1 Answers1

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On February 6, 2025, U.S. District Judge Coughenour issued a nationwide preliminary injunction that enjoins the enforcement or implemention of the impugned Order.

In the reasons, he concluded:

Citizenship by birth is an unequivocal Constitutional right. ... The President cannot change, limit, or qualify this Constitutional right via an executive order. The Court GRANTS the Plaintiffs' motions for a nationwide preliminary injunction ... and ENJOINS enforcement or implementation of the Order on a nationwide basis.

Therefore, the law today is as it was prior to the now-enjoined Order.

Jen
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