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Why Does the U.S. Have Birthright Citizenship? Should It?

UNITED STATES, JUL 7 – Plaintiffs argue Trump’s order violates the 14th Amendment amid legal challenges from 22 states and nonprofits seeking to block changes to birthright citizenship.

  • On June 27th, 2025, the highest court in the United States decided in Trump v. CASA to restrict the power of federal judges to issue nationwide injunctions, affecting legal disputes over President Trump's executive order on birthright citizenship.
  • This decision was made in the context of lawsuits filed by the American Civil Liberties Union and 22 states challenging Trump's directive, which seeks to terminate automatic citizenship for kids whose parents have uncertain or unauthorized immigration status, starting on or after July 27, 2025.
  • Judge Joseph LaPlante of the New Hampshire federal district court ruled against enforcing the order locally but confined his halt to his jurisdiction while the ACLU seeks certification of a nationwide class action to extend the block.
  • Legal experts note that Trump's policy conflicts with over 150 years of precedent and risks creating stateless US-born children without citizenship, who would lack access to passports and face significant legal and social challenges.
  • If courts do not issue nationwide injunctions by July 27, the executive order could take effect unevenly across states, leading to fragmented application of birthright citizenship pending ongoing litigation.
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Mariela García Amador explained what the consequences may be for babies born of undocumented parents following Trump's executive order and the Supreme Court's decision. The entry What will happen to the children of undocumented immigrants born in the U.S.? Immigration specialist analyzes the Supreme Court's ruling was first published in Enlace Latino NC. What will happen to the children of undocumented immigrants born in the U.S.? Immigration sp…

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WTTW broke the news in Chicago, United States on Monday, July 7, 2025.
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