In a landmark 2025 ruling, the U.S. Supreme Court has opened the door for one of the most significant shifts in American constitutional interpretation in over a century. For the first time in more than 150 years, birthright citizenship—guaranteed by the 14th Amendment—is no longer an absolute right for everyone born on U.S. soil. The ruling, opposed by civil rights advocates and our esteemed Los Angeles, CA immigration lawyer, was decided by a 6-3 conservative majority.
At stake is not only the legal status of thousands of children born in the United States, but also the foundational understanding of what it means to be an American.
Understanding The SCOTUS Ruling
The Court did not rule directly on the constitutionality of President Trump’s executive order to end birthright citizenship for specific groups. Instead, it allowed aspects of the order to move forward in states or among individuals who did not file legal challenges—effectively weakening the nationwide protection of birthright rights. The ruling also sharply curtailed the power of lower federal courts to issue broad injunctions blocking presidential actions.
In plain terms, this decision allows the federal government to enforce policies that restrict birthright citizenship unless or until those policies are individually challenged and struck down. That means one family in Texas may be affected differently than another family in California, depending on whether and where lawsuits are filed.
Legal And Human Implications
While California and 21 other states have challenged the order, shielding many residents from immediate impact, the ruling sets a troubling precedent. Immigration attorney Ally Bolour warns what this could mean for vulnerable families.
“That baby perhaps is not a U.S. citizen, which creates a problem because that baby may be stateless,” Bolour told News Channel 3. “That baby may have nowhere to go.”
Bolour, who previously called the executive order “completely unconstitutional,” remains firm in his belief that it violates the 14th Amendment. He also expressed concern over the chaos this patchwork enforcement could cause across the country, saying, “It just exhausts all the resources that both the federal and the state governments [have] that are already used to the max.”
In practice, this ruling could lead to:
- Babies born in the U.S. not being recognized as citizens
- Legal uncertainty and court backlogs as families sue for recognition
- A potential increase in “birth migration” to states with stronger protections
- Uneven application of fundamental rights based on geography
Why This Ruling Matters
The 14th Amendment was ratified in 1868 to guarantee citizenship to formerly enslaved people and their children. Over time, it has become a cornerstone of American identity—asserting that anyone born on U.S. soil is, unequivocally, American. The 2025 ruling introduces a fracture in that understanding.
“This wasn’t just about immigration,” Bolour said. “It’s about redefining who belongs here, and under what conditions.”
While the administration has 30 days to outline how it will enforce this change, the long-term effects may stretch far beyond those guidelines. The precedent it sets—allowing presidents to undermine settled constitutional rights through executive order—raises serious questions about the separation of powers, judicial consistency, and civil rights.
Implications For Immigrants Now And In The Future
Until a definitive ruling on the constitutionality of the executive order is made, the future of birthright citizenship remains uncertain. For now, babies born in the U.S. are still citizens—but the ground beneath that guarantee is far less stable.
Our team of immigration lawyers continue to fight for our clients and the integrity of the Constitution. This moment is a reminder of what’s at stake when we allow foundational rights to become politically negotiable.
Protect Your Rights With Experienced Immigration Counsel
The shifting laws around birthright citizenship are a reminder that even long-standing constitutional protections are not guaranteed. If you or someone you love could be affected by this ruling, now is the time to speak with our experienced immigration attorney who understands the stakes.
At Bolour / Carl Immigration Group, APC, we bring over 30 years of experience helping individuals, families, employees, and employers achieve their immigration goals. With offices in key cities across the U.S., we are equipped to support you—no matter where you call home.
Your future in this country shouldn’t be left to chance. Schedule a consultation today to speak with our dedicated legal team and get the clarity and advocacy you deserve in these uncertain times.
