The U.S. government has filed an appeal with the Supreme Court to allow restrictions on birthright citizenship, a right guaranteed in the 14th Amendment to the Constitution. This attempt to modify access to citizenship has generated concern among immigrants and activists.
We want to explain in simple terms what birthright citizenship is, why the government is seeking to change it, and what could happen in the future.
Birthright Citizenship in the United States
Birthright citizenship grants U.S. nationality to anyone born on U.S. soil, regardless of their parents' immigration status. This right is protected by the 14th Amendment, which was ratified in 1868 after the Civil War.
Key phrase from the 14th Amendment:"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States."
This means that any baby born in the U.S. automatically receives citizenship, with some exceptions (such as children of foreign diplomats).
Former President Donald Trump and some Republican lawmakers argue that this right should be changed because:
They claim it encourages illegal immigration.
They argue that other countries do not grant this benefit.
They believe stricter criteria should be in place for U.S. citizenship.
Trump has repeatedly stated that he wants to end birthright citizenship, calling it an "unjustified privilege." His administration signed an executive order to revoke this right, but federal courts blocked it.
The government has filed an emergency appeal with the Supreme Court, seeking to enforce restrictions on citizenship while litigation over Trump’s executive order continues.
Currently, the presidential order is blocked by federal judges in Maryland, Massachusetts, and Washington.
The Department of Justice argues that these judges should not have the power to block the order nationwide.
The Supreme Court could decide whether local judges can issue nationwide injunctions.
If the Supreme Court allows the executive order to take effect, it could impact thousands of children born in the U.S. after February 19, whose parents are undocumented immigrants.
According to the Migration Policy Institute, in 2019:
5.5 million children lived with at least one undocumented parent.
These children made up 7% of the U.S. child population.
The majority were U.S. citizens by birth.
Eliminating birthright citizenship could put many families in legal uncertainty, as their children might be left in an unclear immigration status.
Legal experts consider changing birthright citizenship nearly impossible without a constitutional amendment.
The 14th Amendment has been interpreted for over a century as a universal guarantee.
Changing it would require a constitutional amendment—a long and complex process involving Congress and state legislatures.
The Supreme Court could review the case, but historically, it has upheld birthright citizenship.
Birthright citizenship is a right protected by the 14th Amendment, but the government is attempting to restrict it through a presidential order. Federal courts have blocked the measure, but the Supreme Court could influence the outcome.
If you are an immigrant in the U.S., it is essential to stay informed and know your
rights.
Share this information with other immigrants so everyone stays informed!
Source: Los Angeles Times
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