
What is Birthright Citizenship?
Birthright citizenship, enshrined in the 14th Amendment of the U.S. Constitution, guarantees that all individuals born on U.S. soil are automatically granted U.S. citizenship, regardless of their parents’ immigration status. This principle has been a cornerstone of American immigration law for over a century, ensuring that children born in the U.S. receive the same legal rights as any other citizen.
Proposed Changes to Birthright Citizenship
Recent executive action has sought to redefine the application of birthright citizenship. The new directive states that children born in the U.S. on or after February 20, 2025, will only receive citizenship if at least one parent is a U.S. citizen or lawful permanent resident. This would exclude children born to parents who are undocumented or in the U.S. on temporary visas such as tourist, student, or employment-based visas. Additionally, the order controversially defines “mother” and “father” as biological parents, potentially impacting children born through assisted reproductive technologies or to same-sex couples.
Legal and Constitutional Implications
The 14th Amendment explicitly provides for birthright citizenship, stating: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” The proposed executive order directly challenges this constitutional guarantee. The executive order has already been enjoined by one federal court and is likely to face further legal challenges. Courts will have to determine whether the executive branch has the authority to reinterpret a constitutional provision without congressional approval.
Potential Consequences
The executive order has been enjoined and is unlikely to survive judicial scrutiny. If upheld, this change would significantly alter the landscape of U.S. immigration policy. Children born to non-citizen parents could find themselves stateless, unable to claim U.S. citizenship despite being born on American soil. This could create bureaucratic obstacles for families, as affected children may have to apply for legal status or rely on the citizenship laws of their parents’ home countries. The order may also increase legal uncertainty and lead to a surge in litigation challenging its enforcement.
What Happens Next?
The executive order has already been met with legal challenges, and it is unlikely to be implemented. Legal experts widely believe that the courts will strike down the order based on the clear language of the 14th Amendment. However, as immigration policies continue to evolve, it is crucial for individuals affected by these potential changes to stay informed and seek legal guidance.
How Scott Legal, P.C. Can Help
Navigating the complexities of U.S. immigration law can be challenging, especially amid changing policies. If you have questions about birthright citizenship or any other immigration-related issues, we encourage you to utilize our free resources and schedule a consultation with our experienced legal team. Our firm specializes in business and immigration law, helping individuals and families secure their future in the United States.
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