Former U.S. President Donald Trump’s controversial executive order seeking to restrict birthright citizenship has been struck down by a second federal appeals court—marking the fifth rejection of the policy by U.S. courts and paving the way for a likely Supreme Court battle.
The order attempts 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 as well as 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 (DHS) official confirmed. “If the EO takes effect, it would fundamentally alter that.”
Impact on Citizenship Verification
Though multiple courts have ruled the policy unconstitutional, federal agencies are drawing up contingency frameworks in case the Supreme Court upholds the order.
The Social Security Administration (SSA) has prepared new guidelines that would require additional proof of parental status before granting Social Security Numbers (SSNs). Currently, a U.S. birth certificate is sufficient. Under the EO, parents would also need to provide evidence such as:
U.S. passport or certificate of naturalization (for citizen parents)
DHS-issued citizenship records
Form I-551 (Green Card) or equivalent documentation (for lawful permanent residents)
Such requirements would particularly affect families outside the “Enumeration at Birth” program and those applying for replacement SSN cards.
Debate Over Constitutionality
Critics argue the measure undermines the 14th Amendment, which guarantees citizenship to “all persons born or naturalized in the United States.” Immigrant advocacy groups say the EO unfairly targets immigrant families and threatens to create a generation of stateless children.
Supporters counter that the order closes loopholes that encourage “birth tourism” and unauthorized residency.
What’s Next
Legal experts believe the U.S. Supreme Court will have the final word. A ruling is expected in the coming months, with potentially far-reaching consequences for immigration policy and constitutional law.
“If upheld, this could fundamentally reshape how we define citizenship in the U.S.,” said a USCIS source familiar with the policy.
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