Supreme Court Decision on Birthright Citizenship Case Will Create Chaos and Harm Our Nations’ Babies, Families, and Communities
This statement can be attributed to Wendy Cervantes, director of the immigration and immigrant families team at the Center for Law and Social Policy (CLASP).
Washington, D.C., June 27, 2025 – Today, the Supreme Court’s opinion in Trump v. CASA curtailed federal judges’ ability to temporarily block Trump’s birthright citizenship executive order (EO) nationwide. This EO would deny birthright citizenship to babies born without at least one parent who is a U.S. citizen or legal permanent resident. The Supreme Court also delays Trump’s EO from going into effect for 30 days.
While today’s opinion does not address the constitutionality of Trump’s birthright citizenship EO, allowing Trump to end birthright citizenship in some parts of the country within 30 days while litigation on the constitutionality of the executive order continues will cause chaos and harm babies, families, and communities.
In the 1898 decision United States v. Wong Kim Ark, the Court confirmed that U.S. citizenship was a birthright of all children born to immigrants in the United States. Now, for the first time in over a century, millions of babies born in this country may be denied automatic birthright citizenship depending on their ZIP code or their ability to prove their parents’ immigration status.
Today’s opinion has profoundly negative consequences for our nation. A large body of research has documented that U.S. citizenship is a key driver of economic growth, educational attainment, and health. Conversely, research also documents that the denial of legal status results in legal, political, economic, and social exclusion to the detriment of stateless children and to the United States.
Even as litigation continues on the constitutionality of the EO itself, families welcoming a new baby in some parts of the country may soon be required to prove their child’s citizenship. This burden will affect not only mixed-status immigrant families but all families in the impacted jurisdiction, undermining the well-being of newborn babies and their parents. Single mothers, families with low incomes, and families of color will be disproportionately impacted by this requirement.
This fight is far from over, and CLASP stands ready to work with partners to ensure that impacted families and service providers are informed about their rights. We urge the Court to uphold the Fourteenth Amendment and rule that Trump’s executive order is unconstitutional. We also call on federal and state policymakers to stand up against the Trump Administration’s reckless attacks on immigrant families and commit to protecting every child born in the United States.