Birthright Citizenship Update: Trump Restrictions Blocked, Implementation Plan Developed

In the ongoing battle over birthright citizenship, there have been several new developments, including a ruling in the Ninth Circuit and development of an implementation plan by U.S. Citizenship and Immigration Services (USCIS). Below are highlights:

Ninth Circuit blocks restrictions. Even after the Supreme Court’s June 2025 ruling, the U.S. Court of Appeals for the Ninth Circuit recently ruled that the Trump administration’s Executive Order restricting birthright citizenship is unconstitutional “because it contradicts the plain language of the Fourteenth Amendment’s grant of citizenship to ‘all persons born in the United States and subject to the jurisdiction thereof.’ “

Trump administration develops implementation plan to limit birthright citizenship. USCIS has developed an implementation plan, in case federal courts allow the Executive Order to go into effect. That plan would base the status of babies born to certain immigrants and nonimmigrants in the United States on the temporary immigration status, or lack of immigration status, of their mothers.

This is posting is for informational purposes and is not intended as legal advice. If you require further assistance or advice relating to the above, please contact our Attorney, Catherine Betancourt at catherine@flynnhodkinson.com.