Birthright Citizenship in the U.S.: What Immigrant Parents Must Know in 2025
Excuse the legalese at first, but here’s what birthright citizenship, which under the current administration of President Donald J. Trump, is, to put it delicately, in limbo. Birthright citizenship is a constitutionally embedded principle that confers immediate and irrevocable membership in the national polity to those born on U.S. soil.
In practical terms, this means that the place of birth rather than the citizenship status of the parents determines whether a newborn is a U.S. citizen.
Let’s break it down more simply: If your child is born in the United States, they are a U.S. citizen at birth. End of story. It doesn’t matter if you have a green card, a student visa, are seeking asylum, or have no legal immigration status at all. This has been the rule for over a century.
But that long-standing principle is facing unprecedented political and legal challenges.
How Birthright Citizenship Works
The U.S. Constitution’s Fourteenth Amendment establishes the doctrine known as jus soli (“right of the soil”). It provides that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens.”
In legal terms, this is straightforward: a birth on U.S. soil equals U.S. citizenship, regardless of the parents’ immigration status.
To put it simply, a child born in Los Angeles, New York, or any other part of the country is an American. A U.S. citizen. Full stop.
The Push to Restrict Birthright Citizenship
In early 2025, President Trump signed an executive order to reinterpret the Fourteenth Amendment in a way that would deny automatic citizenship to children born to parents who are neither U.S. citizens nor lawful permanent residents.
Under this policy proposal, the children of undocumented immigrants, temporary visa holders (such as tourists, students, or workers), and asylum seekers would no longer qualify for automatic citizenship. Only children with at least one citizen or green card–holding parent would be recognized as citizens at birth.
In legalese, this attempted to narrow the constitutional standard through executive authority alone, bypassing both Congress and the traditional constitutional amendment process.
Trump’s action sought to change the rules about who is a citizen, bypassing legal channels.
Current Status of the Law
As of today, birthright citizenship remains intact. Multiple legal challenges have put the proposed change on hold. Courts have issued orders preventing the government from enforcing it.
Hospitals continue to issue U.S. birth certificates. Federal agencies continue to accept them as proof of citizenship. Babies born on U.S. soil today, no matter their parents’ immigration status, are recognized as U.S. citizens.
However, this protection is not guaranteed forever. The government is actively appealing these court decisions. The matter may ultimately be decided by the U.S. Supreme Court in the coming months.
Your child’s citizenship is safe today. But depending on future court rulings, the rules could change.
What’s at Stake
If birthright citizenship were restricted, it could result in an unprecedented number of children born in the U.S. who are not recognized as citizens of the U.S., let alone any country. These children would lack Social Security numbers, U.S. passports, and access to many public benefits. They could even face the risk of deportation to countries they have never known.
Beyond the legal consequences, changing this principle would alter the meaning of American identity itself. Birthright citizenship has long represented the idea that all children born here are equal under the law from day one.
How Harmony Law Can Help
Whether you are an undocumented parent, here on a temporary visa, or in the middle of an asylum process, the uncertainty surrounding birthright citizenship can be overwhelming. At Harmony Law, we combine deep immigration law expertise with a compassionate, client-focused approach.
We can help you:
Understand your child’s current citizenship rights.
Prepare documentation to protect your family’s legal status.
Monitor and respond to changes in the law that could affect you.
Your child’s future is too important to leave to chance. Let us guide you through the complexities of immigration law with clarity, precision, and unwavering advocacy.
Contact Harmony Law today at (888) 427-1280 to schedule a confidential consultation and safeguard your family’s future.
