For more than 150 years, the 14th Amendment has granted U.S. citizenship to babies born within the territory of the United States, regardless of their parents’ immigration status.
But soon after he was sworn into office, President Donald Trump issued an executive order ending automatic citizenship for children born in the United States to parents without legal or permanent status in the U.S. at the time of birth. Families, immigrant rights groups and states sued, arguing the order is unconstitutional.
Lower courts blocked the order. Now, the Supreme Court will weigh in, with a decision expected by late June or early July. Some observers say the judges seem likely to maintain birthright citizenship, but the court has proven itself unpredictable.
The case, Trump v. Barbara, asks whether the order violates the 14th Amendment and a federal law that says people born in the United States are citizens at birth.
According to Cody Wofsy, deputy director of the ACLU Immigrants’ Rights Project, if the Supreme Court upholds the executive order, children of immigrants without legal status, asylum seekers, people with Temporary Protected Status, parents here on student, work or tourist visas and people in other temporary or nonpermanent statuses could be affected.
Here’s what to know about what the court could decide — and what the ruling could mean for babies born in Illinois.
What exactly is birthright citizenship?
Birthright is a legal principle that grants automatic citizenship to anyone born within a country’s borders. In the United States this right is guaranteed in the 14th Amendment of the U.S. Constitution, which states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
It’s one of a handful of constitutional amendments designed to ensure the full citizenship of formerly enslaved people after the Civil War, enacted to overturn the Dred Scott decision which said Black people born in the U.S could never be citizens.
Automatic birthright citizenship is relatively uncommon in other parts of the world, according to the Pew Research Center. In most countries, citizenship is based on the citizenship of the parents. The process for acquiring citizenship varies from country to country. In some countries, parents must apply, and officials have discretion about whether to approve the request or not.
Once the Supreme Court rules, when would any changes take effect in Illinois?
Changes prompted by a court ruling would not necessarily happen right away.
If the Supreme Court upholds the executive order, attorneys say much would depend on the wording of the opinion and what, if anything, the court says about when the order can take effect.
Wofsy pointed to an earlier decision in a case known as Trump vs CASA where the court allowed a 30-day delay before implementation.
Legal experts say there’s another issue with timing. The executive order was supposed to be applied to babies born 30 days after it was signed on Jan 20, 2025. But the lower courts blocked it. So babies born since then have already gotten citizenship and might have even received U.S. passports. It’s not certain how the government would view these babies if the Supreme Court upholds the executive order and when and if it might take any action. Experts say taking away citizenship could create another set of legal issues.
What legal status will a newborn have who isn’t recognized as a U.S. citizen if the court upends birthright citizenship?
A U.S. Citizen and Immigration Services memo from July 2025 suggests the federal government could create a process for some U.S.-born children denied citizenship to receive a parent’s temporary immigrant status. But that would not make the child a citizen of the United States or any other country. The memo also does not address what would happen to children whose parents do not have legal status.
Advocates and lawsuits challenging the order warn that some babies could be left without the protections that come with U.S. citizenship and without citizenship in any country.
“Many asylum seekers are afraid to register their children as citizens of the country they fled from, and where the government has persecuted them, meaning their child would be born stateless,” said Conchita Cruz, co-executive director of the Asylum Seeker Advocacy Project.
Stateless people often struggle to access basic rights and services, including health care, education and the ability to travel, according to UNHCR, the United Nations Refugee Agency.
“It also, of course, means that they would not be protected from immigration enforcement and that they could be arrested, detained and deported,” Wofsy said.
Is there a plan in Illinois for how babies would get birth certificates and Social Security cards if birthright goes away?
The Illinois Department of Public Health says it has not received any guidance from the federal government about any changes that might be required.
Currently, after a baby is born, hospitals in Illinois send birth information, including the child’s birth date and the parent’s full names, to the Illinois Vital Records System, according to the Illinois Department of Public Health.
Once the birth is filed, the newborn establishes legal identity through birth registration and a certified birth certificate.
By federal law, parents can request a Social Security number while at the hospital after the birth certificate is filed. IVRS sends that request to the Social Security Administration and that agency mails the card to the family.
But if birthright goes away, the process could change; Wofsy says it’s likely any changes would occur on the federal government’s side, not at local hospitals, but that’s all still “unclear.”
If birthright citizenship goes away, could a future president bring it back?
If the Supreme Court upholds Trump’s order, a future president could try to bring birthright citizenship back. But no president can do that on their own, and restoring it would likely require another legal fight.
“The government is asking the Supreme Court not just to approve an executive order, but to fundamentally alter what the 14th Amendment means,” Wofsy said. “And if the court were to take that radical step, that constitutional change would outlast this president and this executive order.”
In other words, a future president could reverse the order but not a Supreme Court ruling.
Congress could also pass a law providing these children with citizenship.
If you have questions about whether you will be affected by the birthright case, what resources in Illinois are available?
People with general questions before or after the ruling can contact the Illinois Coalition for Immigrant and Refugee Rights Family Support Network Hotline at 855-HELP-MY-FAMILY (855-435-7693). The hotline can answer general questions, help people understand possible next steps and connect to appropriate referrals.
Families who believe their child may be affected can also contact the ACLU through its Barbara v. Trump Nationwide Class Inquiry form.
The form asks for contact information, communication preferences and a description of the family’s questions or concerns. The ACLU says submitting the form is a request for potential legal help. It does not mean the ACLU is offering to represent the person, and the organization says it cannot promise that the information provided will lead to any specific action.
The ACLU also says submitting the form does not create an attorney-client relationship and that information on the website is not legal advice.
Contributing: Adriana Cardona-Maguigad