top of page

What’s Going On with Birthright Citizenship in 2025?


Black and white photograph of a newborn baby cradled in the arms of a caregiver. The baby is wrapped in a soft knitted blanket, and the caregiver’s hand gently supports them, conveying warmth, protection, and nurturing care.


Why This Matters for You (and Louisiana)

If you’re wondering whether babies born in the U.S.—including right here in Louisiana—are still guaranteed American citizenship, you’re not alone. Ever since the 14th Amendment was passed in 1868, we’ve operated under the idea that if you’re born on U.S. soil, you’re an American citizen. But recent executive orders and legal battles have kicked up a lot of dust, leaving many folks unsure about the current state of birthright citizenship.


We’re here to help clear things up. And yes, this applies to everyone in the U.S.—but we’ll keep the local flavor in mind, because that’s how we do things in Shreveport-Bossier.


Quick Timeline of Recent Changes


  • January 20, 2025

    • President Donald Trump signs an executive order aiming to limit birthright citizenship. The White House says children born in the U.S. to non-U.S. citizens—especially those who are undocumented or here on temporary visas—shouldn’t automatically receive citizenship.


  • January 20–23, 2025

    • Multiple lawsuits are filed nationwide by civil rights groups and state attorneys general, claiming the order violates the 14th Amendment.


  • January 21, 2025

    • A House Bill (and soon after, a Senate Bill) is introduced to lock these changes into law. Supporters argue America is one of the few developed countries that automatically grants citizenship to nearly everyone born here. Opponents say this is exactly what the 14th Amendment is meant to guarantee.


  • Late January–Early February 2025

    • Federal judges block the executive order in several states—meaning, for now, the existing rule (that being born here generally = citizenship) stays in effect.


  • What Next?

    • The legal wrangling heads to higher courts. As of this writing, nothing’s officially changed in practice: a baby born in the U.S. still receives U.S. citizenship at birth.


What Is Birthright Citizenship, Anyway?


  • Definition: Commonly called jus soli, it’s the right to citizenship simply because you’re born on U.S. soil—regardless of your parents’ status (with a few narrow exceptions, like children of foreign diplomats).


  • Why It Exists: Historically, it was to avoid creating second-class citizens. The 14th Amendment was designed to ensure no American-born child would be denied the basic rights of U.S. citizenship.


Analogy: Think of citizenship like being on a team in Little League. If you were born in the city, you automatically get a spot on that city’s team roster—it doesn’t matter if your parents are local or just passing through. The new executive order tries to change the rulebook, so only certain kids would get that automatic spot, leaving others in limbo.


How Other Countries Do It


  • Canada: Similar to the U.S., Canada also grants almost automatic birthright citizenship.


  • United Kingdom & Germany: Generally, being born on their soil isn’t enough. At least one parent must be a citizen or permanent resident—or have lived there for a certain number of years.


  • Most of Europe & Asia: Rely on parentage (you inherit citizenship if your parents have it) or have residency requirements.


Bottom Line: In global terms, the U.S. (and Canada) stand out for having broader birthright citizenship laws—most other countries have tightened theirs over the years.


Who Could Be Affected?


  1. Families with Non-Citizen Parents

    • If the executive order were to take effect, children born in places like Shreveport, Bossier City, or anywhere else in Louisiana might not be recognized as U.S. citizens at birth if their parents lack U.S. citizenship or a green card.

    • This raises concerns about documentation, passports, access to benefits, and even basic rights down the road—like voting or qualifying for certain jobs.


  2. Mixed-Status Families

    • Imagine one child in the family was born last year (and is a citizen), and another child is born this year under a changed law (and possibly isn’t). That could mean two siblings living under entirely different legal circumstances in the same house.


  1. Local Communities

    • Medical facilities, schools, and local offices might have to navigate a confusing new set of birth certificate rules. Plus, folks in the community could see more children labeled as “non-citizens” despite being born in Louisiana.


Is Birthright Citizenship Still in Effect Right Now?


Yes, it is—because the courts have put a temporary block on the president’s executive order. Judges have ruled that preventing children from gaining citizenship at birth contradicts longstanding interpretations of the 14th Amendment. Until a final court decision or new legislation is enacted (and with appeals ongoing), the status quo stands: a child born on U.S. soil is a U.S. citizen.


Comparing to the Past: Did We See This Coming?


Birthright citizenship debates have popped up before. Some lawmakers have questioned it for years, but this is the first time a formal executive order has attempted to change it so drastically. Legal experts say the White House faces an uphill battle, citing more than a century of court rulings affirming the 14th Amendment’s broad guarantee.


Looking Ahead: The Possible Outcomes


Courts Strike It Down: The most likely scenario, according to many legal scholars, is that the new restrictions get permanently stopped. If so, business as usual: children born here are citizens.


Changes Move Forward: If the administration somehow wins, future babies born to non-citizen parents might be denied automatic citizenship. This could create a ripple effect—children stuck without any recognized nationality, families confused about next steps, and a potential patchwork of lawsuits.


Legislative Overhaul: Congress could pass a law (or try to amend the Constitution), but either path would likely be challenged in court. A Constitutional amendment, in particular, is extremely tough to achieve.


What Does This Mean for Louisianans?


  • Immediate Impacts: None yet, because the court orders say the old rules stay in place until further notice.


  • Future Implications: If changes eventually go into effect, families in Louisiana could end up with children who have no straightforward path to citizenship—despite being born in local hospitals here in the Bayou State.


  • Local Pride: We like to remind folks that Louisiana’s sense of community is strong. Being born here isn’t just about location on a map—it’s about being part of a shared culture.


Need to Talk About Your Family’s Situation?


If you or someone you know is unsure how these changes (or potential changes) might affect your family:


  • Gather Your Documents: Birth certificates, visas, permanent resident cards—everything.


  • Consult an Attorney: Don’t guess. Proper guidance can help you avoid confusion or missed deadlines.


  • Stay Updated: Changes in law can happen fast, so keep an eye on news from reputable sources or call a legal professional with questions.


Disclaimer: This blog post is for general information only. It doesn’t create an attorney-client relationship or guarantee any result. Laws can change quickly, and every case is different. If you need personalized legal advice, please reach out to us or another qualified attorney.

Wrap-Up

Birthright citizenship is a bedrock principle in the United States—especially cherished in communities like ours here in Northwest Louisiana. Recent moves by the White House have fueled legal battles over its future, but as of right now, nothing has changed on the ground: babies born on U.S. soil still receive U.S. citizenship by default. We’re watching the courts closely to see if that remains the case.


If you have any questions or concerns, Johnson & Carroll Law is here to help, offering a calm voice in a confusing time. Need a clearer roadmap for your family’s situation? Contact us today. We believe in plain talk, practical advice, and a deep commitment to our neighbors in Louisiana.

Commenti


bottom of page