Under the 14th Amendment of the U.S. Constitution, anyone who is born in the U.S. is automatically a U.S. citizen. That’s commonly known as “birthright citizenship.”
The amendment was intended at the time to ensure that formerly enslaved people and their children weren’t denied citizenship. However, it has come under fire in recent years from those who believe that birthright citizenship should be abolished. They typically cite cases of “birth tourism,” where people travel to the U.S. to give birth with the goal of having a child with the advantages of U.S. citizenship and an “anchor baby” who could give them advantages as well.
The case before SCOTUS
While President Trump signed an executive order on the first day of his second term to abolish birthright citizenship, it’s not that easy. A case is currently under consideration by the U.S. Supreme Court (SCOTUS) that will determine whether birthright citizenship can be abolished.
A number of justices – even conservative ones – raised serious questions about the notion of ending birthright citizenship when the case was argued before them this spring. However, their decision likely won’t come until just before they begin their summer recess.
If SCOTUS rules in favor of ending birthright citizenship, it wouldn’t affect all non-citizens living in the U.S. It would prevent children born in the U.S. to undocumented immigrants from having birthright citizenship. It would also apply to children born to those on nonimmigrant visas. These include those who are in this country on work visas like H-1B and H-2B as well as student visas.
What would this mean for children denied birthright citizenship and their parents?
Just what this would mean for these children and their parents is unclear. Without birthright citizenship, the children could be not only undocumented but “stateless” – not a citizen of any country and potentially easy to deport. Their parents would likely need to obtain a visa for their child to be able to remain in the U.S.
The American Immigration Council has called the potential ramifications a “parade of horrible.” While it would apply only to those born after the change took effect, the Council warns, “This could create a permanent American underclass of millions of immigrants.”
There’s no doubt that this is a highly stressful time for anyone who is living and working in the U.S. on any kind of visa. This potential change, if it happens, would only increase the level of anxiety and uncertainty. Anyone who has questions or concerns about their or a loved one’s immigration status and future can benefit from getting experienced legal guidance.