Chicago Birthright Citizenship & the 2025 Executive Order
On January 20, 2025, President Donald Trump signed an Executive Order seeking to limit birthright citizenship — the longstanding legal principle that anyone born on U.S. soil is automatically a U.S. citizen. This right has been protected by the Fourteenth Amendment to the United States Constitution for over 150 years.
The order would deny citizenship to children born in the United States if neither parent is:
- A U.S. citizen, or
- Lawful Permanent Resident (LPR, also known as a green card holder).
Current Status: The Order Is Not in Effect
Multiple federal courts have blocked the Executive Order while legal challenges proceed. As of now for families in Chicago and across the country:
- Children born in the U.S. are still U.S. citizens regardless of their parents’ immigration status.
However, the legal battles are ongoing. Courts have not issued a final ruling on whether the order is constitutional, and the situation may change.
Who Would Be Affected If the Order Takes Effect?
Under the Executive Order, birthright citizenship would only be granted to children born in the U.S. if at least one parent is a U.S. citizen or LPR. Children would be denied citizenship if neither parent holds that status, including children born to:
- Undocumented (unlawfully present) parents
- Visa holders such as tourists (B-1/B-2), students (F-1), or temporary workers (H-1B, H-2A, etc.)
- Parolees (including humanitarian parolees)
- Recipients of Temporary Protected Status (TPS)
- Visa Waiver Program entrants
- DACA recipients and others with deferred action
- Individuals granted withholding of removal or protection under the Convention Against Torture
If the Order Is Upheld: What Happens Next?
Many critical questions remain unanswered. If the courts ultimately allow the order to take effect, the government would need to address a wide range of practical and legal challenges, including:
- Immigration status of affected children:Children denied citizenship at birth would need to be assigned some immigration status — which has not yet been determined.
- Documentation changes:Chicago area Hospitals, local governments, vital statistics agencies, and the Social Security Administration would need to revise how and when they issue birth certificates, Social Security numbers, and related documents.
- Proof of parental status:No clear process has been established for determining or verifying a parent’s immigration status at the time of a child’s birth.
- Retroactive impact:It is unclear whether the order would apply only to future births or could affect children already born.
Have Questions? We Can Help.
Immigration law is changing rapidly. If you have concerns about your family’s citizenship status, eligibility, or your child’s status under this new order, our Chicago immigration law firm is here to provide clarity.
Please contact the Law Offices of Azita M. Mojarad, P.C. by e-mailing us at azita@azitalaw.com or calling 312.641-0771. Early legal guidance can help you understand your rights and prepare for possible changes in the Chicago area and beyond.
