The U.S. Supreme Court’s recent decision to limit the nationwide scope of a lower court’s injunction on President Donald Trump’s executive order targeting birthright citizenship has sent shockwaves through immigrant communities.
As a result, 28 Republican-led states are now poised to implement the controversial policy that denies U.S. citizenship to children born to undocumented immigrants or foreign nationals without permanent residency, triggering fear, confusion, and legal uncertainty for thousands of immigrant families.
![Olga Urbina carries baby Ares Webster as demonstrators rally on the day the Supreme Court justices hear oral arguments over U.S. President Donald Trump's bid to broadly enforce his executive order to restrict automatic birthright citizenship, during a protest outside the U.S. Supreme Court in Washington, D.C., U.S., May 15, 2025. [REUTERS]](https://www.koreadailyus.com/wp-content/uploads/2025/07/0707-birthright-citizenship.jpg)
The ruling, delivered in a 6-3 split along ideological lines, did not directly address the constitutionality of Trump’s order. Instead, it focused on a procedural question: whether a lower court’s injunction can apply beyond the states that challenged the policy in court. The decision now clears the way for enforcement of the birthright citizenship restrictions in states like Texas, Florida, and Georgia, where no such lawsuits were filed.
The executive order stipulates that children born in the U.S. to parents who are undocumented, in temporary legal status, or lacking permanent residency are ineligible for automatic citizenship. That includes situations in which one parent is undocumented and the other is neither a U.S. citizen nor a green card holder.
Although immigrant-heavy states like California and New York are currently exempt due to active legal challenges, the broader implications are alarming. The policy affects not just undocumented families, but also thousands of lawfully present immigrants on student, work, or diplomatic visas. Children born to these families could lose access to the automatic protections and rights granted under the 14th Amendment.
For many, the fallout is already personal. In Georgia, Yoon, a 35-year-old worker on an H-1B visa, said his wife is expecting a child in a few months. “The thought that my child may not be granted citizenship is terrifying,” he said. “Without citizenship, everything—from healthcare to education to legal status—is on shaky ground.” In Los Angeles, Choi, a legal permanent resident, echoed similar fears. “This ruling doesn’t affect California right now,” she said, “but who knows what policy will come next? I can’t even plan for childbirth without anxiety.”
Online forums for Korean immigrants have seen a surge in posts expressing confusion and concern. One poster, currently working in the U.S. on an E-2 visa, shared plans to conceive early next year but now worries that the child may not be eligible for U.S. citizenship. Others have questioned whether they should seek legal counsel or delay family planning altogether.
Legal experts widely agree that the executive order contradicts the 14th Amendment of the U.S. Constitution, which declares, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” Immigration law experts say, “Almost no one in the legal field believes constitutional rights can be stripped by executive order. Even if implemented in certain states, affected individuals will likely file lawsuits, and over time, the policy could be overturned.”
Still, President Trump hailed the Supreme Court’s ruling as a “huge win,” leaning into the political momentum it generates among anti-immigrant constituents. The move has only intensified fear among immigrants—both documented and undocumented—who now find themselves unsure of their children’s future in a country they hoped to call home.
In Texas, Park, a 38-year-old H-1B visa holder, said, “My wife is due soon. We came here legally, we’re working hard, but now we’re being told our baby might not be recognized as a citizen. I don’t know what to do.”
Even with questions surrounding the legal viability of the policy, the emotional toll is undeniable. As one community member put it online, “We struggled to build a life here, and now we can’t even guarantee our child a basic identity.”
For now, immigrant communities in the 28 states affected by the ruling must prepare for the policy to take effect after a one-month grace period. Many are scrambling for legal advice, others are adjusting birth plans, and all are bracing for a future that now feels more uncertain than ever.
As immigration attorneys point out, the courts may eventually reverse this order. But until then, fear—not freedom—defines the daily reality of many immigrant families.
By Mooyoung Lee [lee.mooyoung@koreadaily.com]
