U.S. birthright citizenship: what's happening in 2025
The U.S. citizenship at birth is at the center of the political debate again in 2025. In recent months, several lawmakers have proposed changes to the 14th Amendment to the Constitution, which grants automatic citizenship to anyone born on U.S. soil, regardless of their parents' immigration status. What do these proposals mean? Have they already changed the laws? How might it affect the children of immigrants?
What does the current law say about birthright citizenship in the USA?
Since 1868, the 14th Amendment to the Constitution states that:
"All persons born or naturalized in the United States [...] are citizens of the United States and of the state in which they reside."
This means that any baby born on U.S. soil automatically becomes a U.S. citizenregardless of whether their parents are documented or not. This law has historically been a guarantee of integration and protection for immigrant families.
But then, what happened in June and July 2025?
In the last two months, various legislative projects have been presented to the Congress with the aim of restricting or eliminating birthright citizenship. These are the main initiatives:
June 2025: A group of Republican senators proposed a bill to limit birthright citizenship only to children of citizens, permanent residents or persons with legal immigration status.
July 2025: Some states led by conservative governors began pushing for local laws that seek to deny certain benefits to children of undocumented immigrants, although they cannot revoke federal citizenship.
Does it mean that the laws have changed?
No. Despite the political noise, Amendment 14 remains in force and has not been amended.. To change it would require constitutional reform, something extremely difficult to achieve in the United States.
Executive Order 14160, signed by Trump on January 20, 2025, sought to redefine the interpretation of the Citizenship Clause of the 14th Amendment to the Constitution, excluding U.S.-born children of undocumented or temporary immigration status parents from citizenship. However, this measure has been blocked by several federal courts:
9th Circuit Court of Appeals (San Francisco): On July 23, 2025, this court ruled 2-1 that the order is unconstitutional because it violates the 14th Amendment, which guarantees citizenship to all U.S.-born persons.
New Hampshire District Court: On July 10, 2025, Judge Joseph Laplante issued a temporary stay of the executive order, arguing that its implementation would cause irreparable harm to the constitutional rights of U.S.-born children.
1st Circuit Court of Appeals: On February 19, 2025, this court rejected an attempt by the Trump administration to lift a stay order issued by a district judge in Massachusetts, reaffirming the validity of the injunction.
Until July 29, 2025:
No federal law has been passed that eliminates birthright citizenship.
U.S. born children remain U.S. citizens automatically.
Who is affected by these proposals?
Although the laws have not changed, these proposals generate fear and uncertaintyespecially among undocumented immigrant families. Some possible consequences are:
Parents who avoid going to hospitals for fear of deportation.
Lack of information about the rights of their citizen children.
Increased discrimination or denial of public services.
Therefore, it is essential to stay informed and seek reliable immigration legal advice.
Frequent questions about birthright citizenship in the USA
Can a U.S.-born child petition his or her undocumented parents?
Yes, but only upon reaching 21 years of age and if you meet certain requirements. The fact that you are a citizen does not automatically guarantee the legalization of the parents.
What if my children were born here and I don't have papers?
Your children are U.S. citizens and they have all their rights. Even if you are undocumented, it does not affect their legal status.
Where can I consult with reliable immigration attorneys?
We recommend using DOJ-accredited organizations or trusted legal consultants such as USA File Solutions, which offer personalized and up-to-date guidance.
Should I be afraid if I have a child born here?
No. For now, your child's rights are protected by law. The best thing to do is to inform yourself and, if possible, start your own migration processas a nursing home or other option.
So, what to do?
The U.S. citizenship at birth remains a constitutionally guaranteed right, but is under political attack.
Although the laws have not changed, it is important to be alert, combat misinformation and seek legal protection if you are in an irregular situation.
I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF FLORIDA, AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.
I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF FLORIDA AND CANNOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.
Our firm is associated with attorneys licensed in the state of Florida who can provide independent legal services. The notary only performs notarial acts and does not provide legal advice.
