Born in the USA Act Blocks Federal Funds to Enforce Executive Order Challenging Birthright Citizenship

The “Born in the USA Act of 2025” is a focused piece of legislation designed to stop a specific Executive Order (E.O. 14160) from ever seeing the light of day. This bill doesn't create new policy so much as it defends existing constitutional law, specifically the 14th Amendment's guarantee of birthright citizenship.

The Constitutional Tug-of-War

This bill starts by laying out Congress’s position that E.O. 14160—issued by the previous administration—was fundamentally unconstitutional. The core issue is the 14th Amendment, which states that anyone born or naturalized in the U.S. and subject to its jurisdiction is a citizen. This principle, which has been upheld by the Supreme Court since the 1898 case United States v. Wong Kim Ark, means that if a child is born on U.S. soil, they are a citizen, even if their parents are not permanent residents or citizens.

Congress notes that federal courts have already challenged the Executive Order, reinforcing that birthright citizenship is guaranteed by the Constitution and is also written into federal law under the Immigration and Nationality Act. Essentially, Congress is putting its foot down and saying, “That Executive Order was wrong, and we’re going to make sure it stays dead.”

The Financial Hammer: No Money for That

The most important section for practical impact is Section 3, titled “Prohibition on use of funds.” This is where the rubber meets the road. The bill explicitly states that no federal funds can be used to implement or carry out the directives laid out in Executive Order 14160. Every dollar Congress appropriates, every bit of money available to federal agencies, is banned from being spent on anything related to enforcing that order.

Think of it this way: If a federal agency wanted to create new forms, hire staff, or change databases to comply with the Executive Order and start tracking or challenging the citizenship status of certain children, they can’t. This bill cuts off the oxygen supply—the funding—for the entire operation. For federal workers, this means the previous administration's directive is now officially a non-issue, preventing the bureaucratic nightmare of trying to implement an order that Congress and the courts believe violates the Constitution.

Why This Matters for Everyday Life

While this bill is highly technical, its impact is straightforward: stability and clarity. For families, especially those with non-citizen parents living and working in the U.S., this legislation confirms that their U.S.-born children are, unequivocally, U.S. citizens. Without this bill, the Executive Order could have created uncertainty, potentially leading to documentation delays, legal challenges, and confusion over healthcare, education, and social services eligibility for those children.

By defunding the Executive Order, the “Born in the USA Act” ensures that established legal processes for birth certificates, passports, and federal benefits continue without disruption. It reinforces the status quo that has been in place for over a century, providing assurance that a fundamental constitutional right cannot be undone by a simple executive action.