Did the American birth right act pass
Executive summary
Congress did not pass a law ending birthright citizenship in 2025; instead, Republican lawmakers introduced the Birthright Citizenship Act (H.R. 569/S.304) which would limit jus soli, and President Trump issued an executive order attempting the same, but that order was repeatedly blocked in the courts and the Supreme Court agreed to hear the dispute (bill introduced: H.R. 569; executive order signed Jan. 20, 2025) [1] [2] [3] [4].
1. Legislative effort — bills introduced, not enacted
Republican lawmakers introduced the Birthright Citizenship Act of 2025 in both chambers — H.R. 569 in the House and S.304 in the Senate — to redefine who is “subject to the jurisdiction” of the United States and thereby limit automatic citizenship for many U.S.-born children whose parents are noncitizens or temporary visitors; these measures are at the introduction/committee stage and are described as limiting birthright citizenship [1] [5] [2].
2. Executive action — an order that sparked litigation, not a new law
On January 20, 2025, the White House published an executive order titled “Protecting the Meaning and Value of American Citizenship,” which directed agencies to change how they recognize some U.S.-born children’s citizenship and claimed the Fourteenth Amendment excludes certain persons “not subject to the jurisdiction thereof”; the order is an executive action, not congressional legislation [3].
3. Courts intervened — multiple injunctions and appeals
Federal judges in several jurisdictions issued preliminary injunctions blocking the administration’s executive order; appellate courts denied emergency requests to lift those blocks, and courts found longstanding legal precedent supports birthright citizenship — rather than the order’s premise — leaving the order unenforceable while litigation proceeds [6] [7] [8].
4. Supreme Court involvement — high-stakes review under way
The Supreme Court agreed to hear arguments in the legal challenge over the executive order, signaling the dispute will reach the highest court; until the Court issues a ruling the lower-court injunctions have prevented the order from taking effect [4] [9].
5. Political context and competing narratives
Proponents (including Senators Lindsey Graham, Ted Cruz and Katie Britt) framed the bills and the executive order as closing an “abuse” they link to “birth tourism” and illegal migration; advocates, civil rights groups and several courts called the order unconstitutional and warned it would create statelessness and upend century-old legal practice — these are sharply competing viewpoints documented in the record [10] [11] [7].
6. What “not passed” means here — law vs. executive order vs. court rulings
No statute ending birthright citizenship was enacted by Congress in 2025; parallel executive action attempted to change practice administratively but was blocked by courts and remains under Supreme Court review. A congressional change to the constitutional effect of the 14th Amendment would realistically require either a constitutional amendment or a definitive Supreme Court re-interpretation — not merely a bill or an executive order (available sources do not mention a constitutional amendment being passed) [7] [3].
7. Practical consequences while litigation continues
Because federal judges issued injunctions, the administration’s January 2025 executive order never took effect broadly; courts have kept current birthright-citizenship practice in place for people born during the litigation window, and multiple advocacy organizations continue litigation and public education efforts [6] [7].
8. How to follow developments — what to watch next
Track the Supreme Court’s docket and forthcoming oral arguments and opinion — the Court’s decision will determine whether the executive order approach can ever lawfully alter the longstanding interpretation of the 14th Amendment, and whether any statutory effort in Congress could stand without constitutional change; congressional activity on H.R. 569/S.304 should also be monitored for committee action or floor votes [2] [5] [4].
Limitations and sourcing note: this account relies solely on the provided reporting and official texts; it reports bills introduced (H.R. 569/S.304), the January 20, 2025 executive order, court injunctions blocking that order, and Supreme Court review as documented in those sources [1] [3] [6] [4].