“Parents were so concerned, especially in the 28 states that were not party to a lawsuit on birthright citizenship,” said Asian Law Caucus’ Kohli. “People in those states were asking questions like, ‘Should we move in order to ensure that their child is a U.S. citizen?’
But the July 10 ruling from the New Hampshire federal district court blocks the executive order from being enforced anywhere in the country until the class-action lawsuit is resolved.
I’m worried: Is my baby still a US citizen?
The Supreme Court’s June 27 ruling allowed the federal government to enforce the policy in 28 states startingJuly 27. The order is now blocked nationwide as the case moves through the judicial system, with legal experts predicting the fight will make it to the Supreme Court.
At this moment, the federal government will still recognize your baby as a U.S. citizen, regardless of your immigration status or what state the child was born.
Would anyone be stripped of their existing American citizenship with this order?
Trump’s executive order says nothing about taking away the citizenship of people born in the U.S. before Feb. 19, regardless of the immigration status of their parents.
I’m currently expecting a baby. Will they still become a US citizen automatically?
This one’s complicated, as this depends on the future of the class-action lawsuit brought by civil rights groups on behalf of babies impacted by the executive order. Thanks to the July 10 ruling from the New Hampshire district court, the Trump administration must continue to recognize the U.S. citizenship of babies born to immigrant parents without a permanent legal status, regardless of their state of residence.
Once the White House challenges the ruling, the case would next go to a federal appeals court and, potentially, to the Supreme Court.
At the same time, there are still multiple lawsuits against the government over the constitutionality of Trump’s executive order that are making their way through the judicial system. Once those cases reach the Supreme Court, the justices will have the final word on whether the executive order is overturned entirely or enforced nationwide.
Keep in mind, however, that the Supreme Court is currently in recess and will resume hearing cases in October. The July 10 injunction blocking the order nationwide remains in place in the meantime.
A version of this story originally published on June 27, 2025.
