A controversial executive order signed by former President Donald Trump in January 2025, aimed at limiting birthright citizenship in the United States, is now at the center of a legal battle that could be decided by the U.S. Supreme Court. The regulation, currently suspended by federal courts, could significantly impact the legal status of children born in the U.S. to immigrants—including many of Polish descent.
Trump’s Order: A Direct Challenge to Birthright Citizenship
On January 18, 2025, Trump signed the executive order titled “Protecting the Meaning and Value of American Citizenship.” The order stipulated that children born on U.S. soil would no longer automatically receive citizenship if neither parent is a U.S. citizen or lawful permanent resident (green card holder). The policy was to apply to children born at least 30 days after its announcement.
The move aimed to limit what the administration described as “birth tourism” and restrict the ability of children born to temporary visa holders or undocumented immigrants to later sponsor their parents for legal status once they reach adulthood.
Legal Pushback from States and Cities
The executive order immediately drew widespread opposition. More than 20 states and numerous local governments, including San Francisco and Washington, D.C., filed lawsuits arguing that the order lacked constitutional basis and exceeded presidential authority.
On January 23, 2025, a federal court in Seattle issued an injunction blocking the order’s enforcement. Courts in Boston, Chicago, and New York followed suit. In May, the Ninth Circuit Court of Appeals upheld these rulings, and a petition was filed with the U.S. Supreme Court, which could hear the case as early as fall 2025.
Impact on the Polish-American Community
According to Poland’s Ministry of Foreign Affairs, up to 30,000 Polish nationals may be living in the U.S. without legal immigration status. Many are part of families with children born in the U.S., whose future citizenship rights could now be in question.
“This order has serious legal implications. It affects not only the children of undocumented immigrants, but also those of legal residents with temporary visas—such as students, workers, or tourists,” explains Jarosław Kurpiejewski, attorney and partner at KBiW law firm.
Data suggests that in 2024 alone, an estimated 225,000 to 250,000 children were born in the U.S. to undocumented mothers. In total, Pew Research Center reports that 4.4 million U.S.-born children live with at least one undocumented parent—representing 84% of all minors in such households.
Constitutional Context and Legal Precedent
The central legal challenge to the executive order is rooted in the 14th Amendment of the U.S. Constitution, which guarantees citizenship to “all persons born or naturalized in the United States.” This principle was affirmed by the landmark 1898 case United States v. Wong Kim Ark, concerning the child of Chinese immigrants.
The current U.S. Supreme Court consists of six justices appointed by Republican presidents and three by Democrats. However, many constitutional scholars argue that altering birthright citizenship would require a constitutional amendment, not an executive order—a process that is extremely difficult and unlikely to succeed.
Uncertainty Until the Supreme Court Decides
Trump’s executive order has sparked deep constitutional, political, and social debate. If enforced, it would significantly alter the legal landscape for immigrant families—including tens of thousands of Polish Americans. Until the Supreme Court delivers a ruling, the order remains suspended, but legal experts and immigrant communities alike are watching the case closely.
Source:
ManagerPlus.pl – Trump’s Executive Order Challenges Birthright Citizenship of U.S.-Born Children