Supreme Court Clears Path for Executive Order Limiting Birthright Citizenship

Thousands of families across the United States are facing uncertainty after the Supreme Court allowed former President Trump’s Executive Order 14160, which limits birthright citizenship, to take effect. The order, signed in January, states that individuals born in the U.S. will not automatically receive citizenship if their parents are not U.S. citizens or green card holders.

The executive order had been blocked nationwide by a lower federal court until last week. The Trump administration successfully argued that lower courts do not have the authority to issue nationwide injunctions, and the Supreme Court ruled that such orders can only apply to the individuals or entities directly involved in the lawsuit. As a result, families or states that have not filed lawsuits are currently unable to challenge the policy.

This decision has significant implications for the U.S. Virgin Islands. Starting February 19, 2025, children born in the territory to parents who are undocumented or on temporary visas, such as work visas, may not be considered U.S. citizens. This means they would not be eligible for passports, social security numbers, or other benefits tied to citizenship.

Based on public data, it is estimated that approximately 1,000 children born in the U.S. Virgin Islands over the past decade would have been denied citizenship if this policy had been in effect earlier. Moving forward, hundreds of children in the territory could be impacted by this order.

Currently, no leaders from the U.S. Virgin Islands, including the governor, senators, or delegate, have joined any lawsuits challenging the executive order. Unless a national class-action lawsuit expands to include the territory or local leaders take action, the policy is likely to be enforced in the Virgin Islands.

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