Birthright Citizenship: What Families Need to Know
“Knowledge is power” is more than a famous quote by English philosopher Sir Francis Bacon—it is a guiding principle, especially when navigating complex legal issues. In times of uncertainty and rapidly shifting guidance, accurate information empowers families to make confident, informed decisions. Understanding the law is the first step toward protecting your rights, your future and your family.
In recent months, birthright citizenship has been part of the national conversation, fueled by challenges initiated by President Donald J. Trump to the legal precedent. On January 20, 2025, President Trump signed Executive Order 14160, making birthright citizenship inapplicable to children born after February 19, 2025 to immigrant parents who are without permanent, legal status. However, because of injunctions issued by several Federal Courts, the Order is not currently in effect.
On April 1, 2026, The Supreme Court of the United States (“SCOTUS”) heard oral arguments in Trump v. Barbara regarding the legality of Executive Order 14160; a decision in the matter is expected this summer. If you’re wondering what this all means for your family, you are likely not alone. Here’s what you need to know right now.
What is Birthright Citizenship?
Birthright citizenship is a principle contained in the 14th Amendment of the United States Constitution. Adopted in 1868, the 14th Amendment pertinently dictates that “ll 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.” Simply put, most individuals born on U.S. soil are automatically U.S. citizens, regardless of their parents’ immigration status. SCOTUS confirmed this interpretation of the Constitution in United States v. Wong Kim Ark, 169 U.S. 649 (1898), when it held that children born in the U.S. to immigrants are considered U.S. citizens.
What is Being Challenged?
Some challengers of birthright citizenship have argued for a narrower interpretation of the 14th Amendment, specifically, the phrase “subject to the jurisdiction thereof.” The main argument is that this language should exclude certain children born in the U.S. to non-citizen parents. The additional controversy specific to Trump v. Barbara arises because birthright citizenship is a constitutional protection that cannot be overridden by an Executive Order. Any meaningful change would require a constitutional amendment, or a decision from SCOTUS.
What Could This Mean for Families?
Even though the law has not changed, the conversation itself can create uncertainty, especially for mixed-status families. If birthright citizenship were ever modified, it could have long-term implications for family-based immigration benefits. For example, children born in the United States often play a vital role in helping their parents obtain lawful immigration status later in life. This role could be disrupted if the Trump Administration’s proposed changes to birthright citizenship were enacted into law. In the family law context, a minor child’s uncertain immigration status could complicate the implementation of a Parenting Plan and thus create a custody dispute. A minor child’s uncertain status may also lead to international relocation issues.
What Should You Do Right Now?
Immigration law is constantly evolving, and when it intersects with family law concerns, the stakes can feel even higher. It is important that you stay informed and be proactive. Seek out and rely on credible legal sources. Keep immigration records, birth certificates and other important government documents organized and safely stored. If you have questions about how immigration policy—or potential changes to it—may impact your family, we are here to provide clarity and guidance tailored to your situation.
Arm yourself with knowledge.
Kourtney Bernard-Rance
