CLIENT UPDATE: BIRTHRIGHT CITIZENSHIP UNDER REVIEW AND COURTS EXAMINE RECENT DEPORTATIONS

---

Two major legal issues are currently being reviewed in federal courts. One involves a proposed change to how children born in the U.S. are granted citizenship. The other concerns a series of recent deportations under a rarely used law from the 1700s.

This article explains both cases in plain terms, what the courts are saying, and what clients should know moving forward.

1. SUPREME COURT REVIEWING BIRTHRIGHT CITIZENSHIP POLICY

What happened:

In January 2025, the federal government issued Executive Order 14160, which proposes that children born in the U.S. should only receive automatic citizenship if at least one parent is a U.S. citizen or green card holder.

This would be a major change from how birthright citizenship has worked for more than 100 years. Currently, nearly all children born in the U.S. are granted citizenship at birth, regardless of their parents’ immigration status.

What the courts are saying:

Several federal courts quickly blocked the order from taking effect. These rulings are now under review by the U.S. Supreme Court, which heard arguments on May 15, 2025.

The Court is considering two main questions:

1. Is the executive order legal under the Constitution? Some justices asked whether it conflicts with the 14th Amendment, which protects birthright citizenship.
2. Can one judge stop a federal policy nationwide? The Court is also reviewing whether lower courts can issue nationwide injunctions while a policy is being challenged.

Current status:

The policy is not in effect. Children born in the U.S. are still granted citizenship under current law. The Supreme Court’s decision is expected later this year.

2. COURTS REVIEW DEPORTATIONS UNDER THE ALIEN ENEMIES ACT

What happened:

In March 2025, the government used the Alien Enemies Act, a law from 1798, to deport several Venezuelan nationals it said were connected to Tren de Aragua, a violent gang from Venezuela.

Some of these individuals were flown to El Salvador’s CECOT prison, others were flown to Djibouti, and in some cases, people were almost deported to countries like Libya or South Sudan before courts stepped in.

Legal concerns:

Multiple courts have raised concerns about:

• Lack of due process: Some deportees were removed before having a chance to speak to a lawyer or challenge their removal.
• Sending people to third countries: A federal judge ruled that deporting someone to a country where they have no legal status or connection requires additional legal steps.
• Violation of court orders: In several cases, courts ordered the return of individuals who were removed in error or without following proper legal procedures.

Examples:

• Kilmar Abrego Garcia was deported to El Salvador by mistake and later brought back under court order. He is now in Tennessee facing unrelated charges.
• O.C.G., a man previously harmed in Mexico, was deported there again, leading to a court order that he be returned and placed in safe custody.
• Eight individuals were flown to Djibouti without proper legal process. They are currently being held on a U.S. military base while courts consider next steps.

Where things stand now:

Some deportees have returned to the U.S. following court orders. Others remain detained abroad. Legal challenges are ongoing in federal courts across the country.

SUMMARY

• A new executive order seeks to limit birthright citizenship, but it is not currently in effect.
• The Supreme Court is reviewing the order and whether courts can block federal policies nationwide.
• Several people have been deported under a rarely used 1798 law, with courts now questioning whether proper legal steps were followed.
• Some individuals have already been ordered returned to the U.S. after being removed without due process.
• These legal cases are ongoing, and courts are continuing to oversee and limit executive immigration actions that go beyond the law.

WHAT CLIENTS SHOULD DO

• If you have a child born in the U.S., their citizenship status has not changed.
• If you or someone you know is involved in an ongoing immigration or removal case, make sure you are working with a trusted immigration attorney.
• If you are undocumented or seeking status and concerned about how these cases may affect you, contact us for help.
• Stay informed about legal changes, but avoid reacting based on headlines. The courts are actively reviewing and responding to executive actions, and no broad new enforcement programs are currently in place for most immigrants.

If you have questions about how these cases may affect you or your family, please contact our office. We are here to provide clarity, guidance, and support.