Birthright Citizenship to be Decided on by July of 2026

By Gianna Fuentes, Contributor

On Jan. 20, 2025, President Donald J. Trump issued an executive order to end birthright citizenship, making it so that a child born in the United States must have at least one parent with citizenship or permanent residency to be a citizen. This act contradicted the current practice of jus soli, which has been practiced in the U.S. since the ratification of the 14th Amendment in 1868.  Jus soli is the legal practice that being born in the land of a specific country grants you citizenship to that specific country. The executive order would change the United States’s immigration function to jus sanguinis, the legal practice of only allowing citizenship to the country of your parents. If the order takes effect, it would have affected anyone born on or after Feb. 19, 2025. 

It is unknown at this time if the decision made in Trump v. Barbara, a class action lawsuit against the order, will take effect after that date or they will alter the terms of the executive order. If the order does take effect there are multiple visa holders, and their children, who will be affected. Additionally, those who take part in the practice of birth tourism, the action of traveling to a foreign country to give birth in order to gain citizenship for their child and sometimes eventually the parent, will be affected as well. It is common for many parents from less wealthy countries and backgrounds to secure citizenship this way for their children to offer better opportunities to their children in the future. 

America is known as a land of opportunity, and this would take away the opportunities of many immigrant children who get their citizenship this way, but furthermore it would create a largely debated legal question if the Supreme Court decides in favor of Trump: can presidents use executive orders to change the Constitution without going through the process set forth in the amendment process of the document itself? Effectively, if the power were granted to the president, there would be a major expansion of power to the executive branch of the government, throwing off the carefully maintained balance of the U.S. government’s branches.

The Supreme Court stated on Dec. 5, 2025 they would hear the case in their March arguments alongside other cases of equally controversial nature. The oral arguments will be heard on April 1, 2026, and the final decision of the court will be made and issued by late June or early July. Until then, the Constitution of the United States will continue on in its tradition of opening its arms to anyone who seeks opportunity and prosperity for their future.