Birthright Citizenship Executive Order 14156

Introduction

Clients have reached out to me very concerned about the recent challenge Birthright Citizenship. People seem to understand what the term “Birthright Citizenship” means, but have a lot of questions about the potential effects of its proposed revocation. The effects could dramatically affect the relationship families have with the United States mainly and their future plans. Mainly, though, people want to know, “Can it be revoked?”

Immigration is an emotional topic. Outside of the native population of the United States, almost the entire country are the descendants of immigrants, forced or otherwise. Laws regarding immigration have changed dramatically over the more than two centuries since independence. One of the few constants in this ever-shifting terrain, however, has been the constitutional guarantee of birthright citizenship.

Birthright Citizenship FAQs

Q. What is birthright citizenship?

A. Jus Soli, or the “Right of the Soil” in Latin, grants U.S. citizenship to anyone born on U.S. soil, regardless of their parents’ immigration status. This right is guaranteed by the Fourteenth Amendment, which states:

“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 principle has been enshrined in the Fourteenth Amendment since 1868. It was adopted in response to Slavery and the Supreme Court’s decision in Dred Scott v. Sanford, a case in which the Court held that African Americans, free or enslaved, were not citizens. This clause has been interpreted to mean that all children born in the United States, with very few exceptions, are United States citizens.

Q. What is Executive Order 14156 and How Does It Affect Citizenship?

A. Executive Order 14156, “Protecting the Meaning and Value of American Citizenship,” claims that certain children are not citizens at birth because they were not “subject to the jurisdiction” of the United States at the time of their birth. The language of the Order providing that rationale is:

“…Among the categories of individuals born in the United States and not subject to the jurisdiction thereof, the privilege of United States citizenship does not automatically extend to persons born in the United States: (1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.”

This is a controversial reinterpretation of the Fourteenth Amendment that legal scholars widely reject. The order was set to take effect on February 19, 2025, and would have applied retroactively to children born after that date.

Q. What challenges have there been to the Executive Order?

A. The Order was immediately challenged, and on July 10, 2025, a federal judge in New Hampshire issued a temporary injunction, blocking the order from taking effect while litigation continues. As of now, the Supreme Court has not overturned birthright citizenship. Nevertheless, in all likelihood the case will make its way to the Supreme Court, where it could decide to accept review of the case and decide it on its merits.

Q. What Effect has the Executive Order had on Families?

A. Although the order has been blocked by federal courts and is not currently in effect, families are confused, frightened, and uncertain about their children’s futures.

Legal Limbo for Newborns

If the executive order were to take effect, children born to undocumented or temporary-status parents could be denied U.S. citizenship. This could mean that the the parents would have difficulty obtaining a birth certificate, Social Security number, and passport. It might also mean the child does not have no access to federal benefits. Children born under these circumstances would effectively become stateless, despite being born in the U.S.
Family Separation Risks

Without citizenship, these children could be subject to deportation. Parents might face the impossible choice of leaving their U.S.-born children behind or taking them to countries they’ve never known.
Barriers to Healthcare and Education

Citizenship is often a prerequisite for public health insurance, education grants, and other essential services. Children could be denied basic rights simply because of their parents’ immigration status. Denying it would create a two-tiered system, where some children are eligible for these services.
Increased Fear and Mistrust

The fear the Order it has generated is palpable. People have canceled hospital births, avoided registering their children for school, and delayed applying for passports—all because they’re unsure of their child’s legal status.

Q. What Can Families Do Now?

A. Laws regarding birthrights citizenship have changed dramatically over the more than two centuries since independence.

Know Your Rights

As of now, birthright citizenship remains the law of the land. If your child is born in the U.S., you have the right to obtain a birth certificate, Social Security number, and passport for them. Your child is a citizen.
Seek Legal Counsel

If you’re unsure about your child’s status or rights, consult an experieiced immigration attorney. Many nonprofit organizations offer free or low-cost legal services.

Conclusion: A Call to Action

If you or someone you know is affected by this issue, please don’t hesitate to reach out with any questions. Having up to date accurate information is very important and may give you some peace of mind and an opportunity plan accordingly regardless of how the case turns out.