This week, President Trump began to address his vision for the future of immigration policy in the U.S. starting with birthright citizenship.  If you were born in the U.S. to parents who are not U.S. citizens or lawful permanent residents this change in policy may apply to you.  

Protecting the Meaning and Value of American Citizenship is an executive order signed by the President on January 20, 2025.  In this blog post we’ll try to help you understand what birthright citizenship is, how these changes could impact you, and how to prepare.  

What is Birthright Citizenship?

The concept of birthright citizenship stems from the 14th Amendment of the U.S. Constitution, which was ratified in 1868. The key provision that governs birthright citizenship is Section 1 of the amendment, which states:

“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.”

This clause guarantees that any child born on U.S. soil is automatically a U.S. citizen, regardless of the immigration status of their parents. This principle is commonly referred to as jus soli (right of the soil), and it has been upheld in U.S. law for over a century.

President Trump’s Executive Order takes issue with the portion from the 14^th Amendment that requires a person to also be “subject to the jurisdiction” of the United States.  According to the order, if your parents were not residing lawfully and permanently as residents or citizens of the U.S., then you are not “subject to the jurisdiction” of the U.S., and therefore you are not a birthright citizen.  

Are you impacted by Birthright Citizenship?

Birthright citizenship affects children born to parents who are:

1. Undocumented immigrants: Parents who are in the U.S. without legal status.

2. Legal immigrants: Parents who are lawful permanent residents (green card holders), visa holders, or those with temporary status.

3. Tourists, diplomats, or temporary visitors: Even children born to foreign nationals temporarily visiting the U.S. can receive birthright citizenship, though the parents may not have permanent status.

In short, the law ensures that the location of birth, not the status of the parents, determines the child’s citizenship.

Can Birthright Citizenship Be Changed by Executive Order?

A key question surrounding President Trump’s Birthright Citizenship Executive Order is whether an executive order can truly alter the Constitution. The short answer is no—an executive order cannot amend the U.S. Constitution.  However, the order has been signed, so unless challenged this is the new interpretation of the 14^th Amendment.

What Would Happen if Birthright Citizenship Were Restricted?

Although the Birthright Citizenship Executive Order has not been fully implemented, and it seems unlikely that birthright citizenship would be changed through an executive order, the potential consequences of such a shift are worth considering. If birthright citizenship were restricted in any way, the following would likely occur:

1. Uncertainty for Children of Undocumented Immigrants: Children born to undocumented parents could potentially lose their automatic U.S. citizenship, even if born on U.S. soil. This would lead to legal confusion and challenges regarding their status, potentially leaving many in a state of legal limbo.

2. Increased Challenges for Immigrant Families: Families who rely on the birthright citizenship of their U.S.-born children to remain in the country might face greater obstacles. For example, U.S.-born children typically serve as anchors for family reunification processes or as a basis for obtaining legal immigration status through family sponsorship.

3. Legal and Political Pushback: Any attempt to revoke birthright citizenship would undoubtedly lead to intense legal challenges. Given the long-standing precedent, many legal experts argue that any attempt to change the interpretation of the 14th Amendment would be swiftly contested in the courts. The legal process could last years and involve significant political debate.

4. Global Impact: If the U.S. were to change its policies regarding birthright citizenship, it could set a global precedent that other countries might follow. This could create challenges for international relations and set the stage for broader anti-immigrant policies.

Why Birthright Citizenship Matters

For immigrants, the current policy of birthright citizenship is crucial. It provides a safety net for children born in the U.S. by ensuring that they automatically acquire U.S. citizenship, regardless of their parents’ immigration status. This can provide many long-term benefits, including:

1. Access to U.S. public education

2. Eligibility for social services and health care

3. The right to work legally in the U.S.

4. Protection against deportation for the child

5. The potential for family reunification and immigration benefits down the road

For undocumented immigrants, the existence of birthright citizenship offers a degree of stability, as their U.S.-born children have the legal right to remain in the country even if their parents face deportation. The ability to claim U.S. citizenship can be a lifeline for families caught in uncertain immigration situations.

What Should Immigrants Do to Prepare?

Here are some important steps to take in light of President Trump’s signing of the Birthright Citizenship Executive Order:

1. Contact an Immigration Lawyer: Change to the 14^th Amendment will not happen overnight, but the future is unclear and we suggest you contact our office to help you determine if you can take action before permanent change takes place

2. Stay Updated on Legal Developments: Immigration laws and policies are frequently updated, and it’s essential to stay informed about changes that could affect your family. Consult with an immigration attorney if you’re uncertain about the status of your child’s citizenship.

3. Document Your Child’s Birth: Ensure that you have all the necessary documentation for your child’s birth, including a birth certificate and other identifying information. Having proper records is essential for proving U.S. citizenship.

Don’t Be Afraid; Be Prepared

We continue to remind our clients: “Don’t be afraid”.  You should get informed and take appropriate action in response to the executive orders, but don’t be afraid.  Please call our office with all your questions about birthright citizenship, the Zero Tolerance Policy, the future of immigration enforcement, or any other immigration matter.  

Although changes to birthright citizenship and the Birthright Citizenship Executive Order have generated much public debate, any shift in policy would require more than just an executive order—it would need a significant legal overhaul that involves both Congress and the states. While birthright citizenship remains a cornerstone of U.S. immigration law, immigrants should stay informed, seek legal counsel when needed, and remain vigilant as political and legal landscapes evolve. Regardless of future changes, understanding the protections provided by the 14th Amendment is crucial for navigating immigration policy and ensuring that your family’s rights are upheld.