Federal Court Blocks Birthright Citizenship Ban

The new administration has taken many steps to adjust immigration policy, but one of the most controversial steps is the effort to ban birthright citizenship. Long considered a constitutional fixture, birthright citizenship is now under threat from many angles. However, a recent federal court decision in July of 2025 provides hope to those who might be affected by this loss. If you’d like to learn more about how a birthright citizenship ban might affect you, consider contacting an experienced immigration attorney in Palm Beach County.

San Francisco Appeals Court Blocks Birthright Citizenship Ban 

Although the current administration seems intent on ending birthright citizenship, it is facing considerable pushback in the courts. First, lower courts blocked the effort nationwide. Next, a federal court in San Francisco affirmed this decision. Another federal court in New Hampshire also made the same decision. Note that the case is still a long way from the Supreme Court, which is home to many Republican-appointed justices.

What Does the United States Constitution Say About Birthright Citizenship? 

The Citizenship Clause of the United States Constitution clarifies that everyone born in the United States is automatically an American citizen. This wording leaves very little room for interpretation, although the current administration has argued that the Citizenship Clause doesn’t mean what most people think it does.

In a press release from January of 2025, the White House argued that “the Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States.” Specifically, the White House suggested that the Constitution excludes anyone born in the United States but not “subject to the jurisdiction thereof.” Some have argued that if the child’s mother was illegally in the country at the time of the birth, this means she was not subject to the jurisdiction of the United States.

The White House also pointed out that if the mother was legally in the country but on a temporary visa, their child also should be excluded from birthright citizenship. These arguments must be explored in the courts, and it seems like this case will inevitably reach the Supreme Court at some point. When it does, the many Republican-appointed justices will undoubtedly exert considerable influence over the final decision.

What Happens if I Lose Birthright Citizenship? 

If you already became a citizen through the Fourteenth Amendment, you cannot retroactively lose citizenship. No matter what happens with the current administration’s efforts, you will remain a United States citizen. However, you might be affected by this potential ban if you plan to have children in the United States and you’re on a temporary visa. You should consider discussing your plans with an experienced immigration attorney as soon as possible.

Can a Palm Beach County Immigration Lawyer Help Me Fight for Birthright Citizenship? 

If you’re worried about losing birthright citizenship or any other immigration right, consider contacting an experienced immigration lawyer in Palm Beach County. These legal professionals can guide you toward positive outcomes, potentially allowing you to stay in the country. Aside from the birthright citizenship ban, many other new threats are arising for immigrants in the United States. Contact The Devore Law Group for further guidance.

Sources: 

npr.org/2025/07/24/nx-s1-5478384/birthright-citizenship-appeals-court-blocks-trump

theguardian.com/us-news/2025/jul/24/trump-push-to-ban-birthright-citizenship-unconstitutional-us-court-rules

whitehouse.gov/presidential-actions/2025/01/protecting-the-meaning-and-value-of-american-citizenship/