Posted by: ustravel June 28, 2025
Supreme Court decision on birthright citizenship - does it affect previously born children?
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The Supreme Court’s June 27, 2025, ruling in Trump v. CASA does not directly impact the citizenship status of children born to undocumented parents in the United States over the last 20 years (2005–2025). The decision focused on limiting the authority of federal judges to issue nationwide injunctions, not on the constitutionality of birthright citizenship itself. However, it has implications for the enforcement of President Trump’s January 20, 2025, executive order (EO 14156), which seeks to deny birthright citizenship to children born in the U.S. to undocumented parents or those with temporary legal status, effective for births on or after February 19, 2025. Below, I address the impact on children born in the last 20 years and related considerations based on available information.

Direct Impact on Children Born in the Last 20 Years

Potential Indirect Impacts

While the citizenship of children born in the last 20 years is not directly altered, the ruling and executive order could create broader implications:

Legal and Constitutional Context

Practical Implications and Uncertainties

Public and Political Sentiment

Critical Perspective

The Supreme Court’s decision is procedural, not substantive, and does not directly challenge the constitutional foundation of birthright citizenship. Claims on platforms like X suggesting that the ruling “ends birthright citizenship” are misleading, as the court has not ruled on the executive order’s legality. The executive order itself contradicts established precedent, and legal experts widely agree it is unconstitutional without a constitutional amendment, which requires a two-thirds vote in Congress and ratification by 38 states—a high bar not achieved since 1992. The focus on “subject to the jurisdiction thereof” by some proponents, like @unskriptedmike on X, reflects a fringe interpretation that has not been adopted by courts.

Conclusion

Children born to undocumented parents in the U.S. from 2005 to 2025 remain U.S. citizens under the Fourteenth Amendment and Wong Kim Ark precedent, unaffected by the Supreme Court’s June 2025 ruling or Trump’s executive order. Indirectly, they could face challenges from increased scrutiny, family separation risks, or administrative confusion in a patchwork system where citizenship rules vary by state. The ongoing legal battle over the executive order’s constitutionality, expected to reach the Supreme Court, will determine its long-term impact, but retroactive changes to existing citizens’ status are highly unlikely without a constitutional amendment.

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