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United States of America

Legal and administrative obstacles for foreign parents with precarious status

In the United States of America, in 2025 an Executive Order was signed which would have removed birthright citizenship for children whose parents have temporary or undocumented immigration status. This would put thousands of children at risk of statelessness, with birth certificates potentially no longer serving as proof of nationality. The Executive Order was halted by lower courts. There were multiple civil society submissions to the UPR regarding this Executive Order. There have been numerous attempts to limit birthright citizenship in the United States of America since the ratification of the 14th Amendment to the Constitution in 1868, targeting people along racial, gender, class, and migration status lines.

Promising Practices

In 2026, the Supreme Court struck down the Executive Order. Children born to parents who have irregular or temporary status retain their entitlement to birthright citizenship in the United States of America.

Additional Documentation