Birthright Citizenship: The 2025 Executive Order, Legal Challenges, and How to Protect Your Children – Houston Immigration Legal Services Collaborative

This blog contains legal information only, and it is not intended to constitute legal advice. If you are seeking legal advice, consult with a competent immigration attorney. If you need assistance finding an immigration attorney, call the Immigrant Resource Hotline @ 833-468-4664, Monday to Friday, 9 a.m. - 5 p.m.

What is birthright citizenship?

Birthright citizenship was first established by the Citizenship Clause of the Fourteenth Amendment of the United States Constitution states: “All persons born or naturalized in the United States and subject to its jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

On January 20, 2025, the current administration issued an executive order titled "Protecting the Meaning and Value of American Citizenship (EO)". This Executive Order (EO) denies birthright citizenship to those born in the U.S. to an undocumented mother and a father, not a U.S. Citizen; or born to a mother lawfully present but with temporary status and a father, not a U.S. citizen or lawful permanent resident (LPR).

Did the U.S. Supreme Court rule that an executive order can limit birthright citizenship?

No, it did not. The U.S. Supreme Court only ruled that the judge in one case (CASA, et al v. Trump, et al) could not stop the executive order going into effect against everyone and everywhere in the U.S. The litigation continues regarding the substantive issue, whether the executive order limiting birthright citizenship is unconstitutional.

The Executive Order does not affect the birthright citizenship of:

Those born in the U.S. before February 20, 2025; or those born in the U.S. after February 20, 2025 if, at the time of birth, at least one parent was a U.S. Citizen; or mother was present in the US legally but on a temporary status (for example, student, tourist, etc.) and father was an LPR.

The Executive Order denies birthright citizenship to:

Those born in the U.S. after February 20, 2025, if born to both undocumented parents; both parents with temporary immigration status; or an undocumented mother and an LPR father.

Lack of clarity of the Executive Order.

There are many aspects of this executive order that are inherently unfair and should not stand constitutional scrutiny. This executive order does not address the birthright citizenship of the children born to an LPR single mother (without paternity); or an LPR mother and undocumented father; or two LPR parents. While confusion reigns, there is something that all parents can do to safeguard and aid in their children’s fight for birthright citizenship.

What can parents do to protect their children’s birthright citizenship?

All parents of children born in the U.S., regardless of their immigration status, can build undisputable proof of the child’s birth in the U.S. The best proof of birth in the U.S. is the birth certificate issued by the state where the child was born. The Vital Statistics Unit of the TX Department of Health and Human Services (HHS) records births and issues birth certificates of children born in Texas.

In Texas, as of July 7, 2025, the immigration status of the parents does not affect the child’s ability to obtain a birth certificate. But there is a caveat. To apply for a child’s birth certificate, the parent or parents must present an acceptable form of identification. HHS website published three lists (A, B, C) of acceptable forms of parental ID. It is considered acceptable forms of ID if a parent can present one document from List A; or two from List B; or one from List B and two from List C. For ex., an undocumented parent could meet the ID requirement by presenting a consular photo ID from List B along with any two items from List C (lease agreement and library card or birth certificate issued by the home country).

Having these documents ready before the child’s birth and applying for the birth certificate soon after the child’s birth are essential steps to arm the child with a valid birth certificate in this fight for birthright citizenship.

For more information about this EO limiting birthright citizenship or how to obtain a birth certificate in Texas, call Immigrant Resource Hotline @ 833-468-4664, Monday to Friday, 9 a.m. to 5 p.m.