Will My Child Be a U.S. Citizen If Born in America in 2025?
Many people travel to the United States for work, education, tourism, or medical care. In some cases, expectant mothers on temporary visas may give birth while in the U.S., raising the question of whether their child will automatically receive U.S. citizenship. With recent legal challenges to birthright citizenship, it is important to understand the current legal framework as of February 5, 2025.
The 14th Amendment and Birthright Citizenship
The 14th Amendment to the U.S. Constitution, ratified in 1868, states:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
For over 125 years, this has meant that almost all children born on U.S. soil automatically receive American citizenship, regardless of their parents’ immigration status. The only exceptions apply to:
- Children of foreign diplomats
- Children of Native American tribes on tribal lands
- Children of hostile military forces
The current administration has sought to introduce a fourth exception through executive order focusing on the interpretation of “subject to the jurisdiction thereof”, which would deny birthright citizenship to children of parents who are undocumented or on temporary visas, such as B1/B2 tourist visas.
Legal Challenges to Birthright Citizenship
On Inauguration Day 2025, a U.S. executive order was signed attempting to end birthright citizenship for children born to parents on temporary visas or without legal status. The directive intended to refuse to recognize the citizenship of children born in the United States if neither their mother nor father is a U.S. citizen or lawful permanent resident. This order was set to take effect for children born on or after February 19, 2025.
However, legal challenges followed swiftly. On January 23, 2025, a Washington (Seattle) federal judge John Coughenour issued a 14-day temporary restraining order, pausing the executive order. Before that order expired, a Maryland federal judge issued a nationwide preliminary injunction on February 5, 2025, blocking the policy from taking effect while litigation continues.
U.S. District Judge Deborah Boardman ruled that the executive order conflicts with the plain language of the 14th Amendment and contradicts over a century of Supreme Court precedent. She emphasized that the U.S. Supreme Court has consistently upheld birthright citizenship, and no court has ever ruled in favor of restricting it.
Judge Boardman also rejected the government’s request to apply the injunction only to the plaintiffs in the case, stating that birthright citizenship is a nationwide issue requiring uniform enforcement.
At this time, the U.S. Department of Justice has not confirmed whether it will appeal the injunction ruling to the Fourth Circuit Court of Appeals. The case is ongoing, and further legal developments could impact the future of birthright citizenship.
For those interested in following the case, it is filed as:
Casa Inc. et al v. Trump et al, case number 8:25-cv-00201, in the U.S. District Court for the District of Maryland.
There are likely to be more challenges in the near future before the February 19, 2025 deadline.
What This Means for Those Traveling to the U.S. on Temporary Visas
As of February 5, 2025, birthright citizenship remains in effect. If a child is born in the U.S. while the mother is in the country on a temporary visa (such as a B1/B2 tourist visa or a work visa), the child is still considered a U.S. citizen at birth under existing legal precedent.
It is also important to note that children already born before February 19, 2025, are not affected by the executive order, even if it is ultimately upheld by a higher court.
However, this legal battle is not yet over. The case is still being litigated, and if the executive order is upheld in a higher court or the U.S. Supreme Court, it could change the rules for children born in the U.S. in the future.
Those on temporary visas who unexpectedly give birth in the U.S. should stay informed about legal changes that could affect their child’s citizenship status. Seeking legal advice before making decisions about travel and medical care is always recommended.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Immigration laws and policies may change, and each case is unique. If you need legal guidance on U.S. immigration or citizenship matters, consult a qualified attorney.
Chevanev Charles, Esq. is a U.S.-based attorney practicing in immigration law, probate, maritime law, tax resolution, and guardian ad litem services.
