Updated as of 7/14/2025
This EO challenges the interpretation of the Fourteenth Amendment regarding birthright citizenship, asserting that citizenship does not automatically extend to individuals born in the U.S. to parents who are unlawfully present or have temporary legal status.
This EO is subject to multiple legal challenges and is likely unconstitutional. It is currently on hold due to a class action lawsuit and its implementation will depend on court rulings.
Potential Implications/Considerations for Employers
- Recent Court Ruling. The legal status of EO 14160 remains unsettled. Although the Supreme Court’s June 27, 2025, ruling in Trump v. CASA, Inc. limited federal district courts’ authority to issue nationwide injunctions, the Executive Order is currently blocked. That same day, a class action was filed in New Hampshire (Barbara v. Donald J. Trump), and on July 10, a federal judge certified a class of all children affected by the Order and issued a nationwide preliminary injunction. The ruling is retroactive to February 20, 2025, the Order’s intended effective date. As of July 2025, the longstanding interpretation of birthright citizenship in the United States remains unchanged. Employers should closely monitor further legal developments, avoid implementing any part of the EO, and maintain clear, compassionate communication with employees. Preparing for multiple outcomes while upholding principles of fairness and non-discrimination remains critical in this shifting legal landscape.
- Provide Resources and Transparent Communication. Offering access to resources to support immigrant workers, such as EAP, immigration legal services, or partnerships with organizations that can assist impacted workers, as well as providing assurance that no employment action will be taken based on the EO until legal challenges are resolved and final guidance is issued will go a long way to easing the minds of workers who may be impacted by this EO. These actions also reinforce the company’s commitment to non-discrimination and inclusion, while ensuring compliance.