Critics argue the EO unfairly targets immigrant families and undermines constitutional protections under the 14th Amendment.
Critics argue the EO unfairly targets immigrant families and undermines constitutional protections under the 14th Amendment.US President Donald Trump’s controversial attempt to restrict birthright citizenship has been struck down by a second U.S. appeals court—marking the fifth federal rejection of the executive order (EO) and setting the stage for a likely U.S. Supreme Court showdown.
Trump’s order seeks to end automatic U.S. citizenship for children born on American soil unless at least one parent is a U.S. citizen or lawful permanent resident. This would exclude children of undocumented immigrants and temporary visa holders such as H-1B workers and F-1 students.
“U.S. citizenship is currently granted to all American-born newborns,” a Department of Homeland Security official noted. “If the EO takes effect, it would fundamentally alter that.”
Though lower courts have consistently ruled the order unconstitutional, federal agencies are moving forward with detailed implementation frameworks, should the Supreme Court uphold the policy.
The Social Security Administration (SSA) has issued contingency plans that would redefine how citizenship is verified. Currently, a U.S. birth certificate is enough. Under the EO, that would no longer suffice. Applicants would need to prove that at least one parent held U.S. citizenship or eligible immigration status at the time of birth.
For example, acceptable documents could include a U.S. passport, certificate of naturalization, or DHS-issued citizenship records. Green card holders would need to show permanent residency through Form I-551 or equivalent verification.
If enacted, the EO would prompt a full rewrite of SSA procedures. SSA manuals would require additional documentation for issuing Social Security Numbers—especially for applicants outside the “Enumeration at Birth” program or those seeking replacement cards.
Critics argue the EO unfairly targets immigrant families and undermines constitutional protections under the 14th Amendment. Supporters claim it closes a loophole that incentivizes “birth tourism” and unauthorized residency.
While the legal battle intensifies, U.S. agencies are preparing for both scenarios. “This could fundamentally reshape how we define citizenship in the U.S.,” said a USCIS source familiar with the policy.
A final ruling from the U.S. Supreme Court is expected in the coming months.