Supreme Court Ruling Fuels Citizenship Confusion
Uncertainty Surrounds Birthright for Children of Non-Citizens
The Supreme Court’s recent decision on birthright citizenship has sparked bewilderment and concern. The ruling, while not directly addressing the legality of restricting birthright, has left many families uncertain about the future of their children’s citizenship status and rights in the U.S.
Uncertainty for Families
The court’s conservative majority sided with a request from former President Donald Trump, limiting judges’ power. The decision has created more questions than answers regarding the long-held understanding of birthright citizenship.
A 24-year-old Colombian asylum seeker, Lorena, living in Houston, is due to give birth soon and has been reviewing media reports. She expressed worry and confusion about how the ruling might impact her child.
“There are not many specifics,”
—Lorena, Asylum Seeker
She worries her baby could be stateless.
The former president had ordered agencies to deny citizenship to U.S.-born children without at least one parent who is a U.S. citizen or permanent resident. This policy was blocked by district court judges and the case went to the Supreme Court.
On Friday, plaintiffs filed an amended lawsuit in Maryland to establish a nationwide class of individuals whose children could be denied citizenship.
Potential Patchwork of Laws
If the restrictions aren’t blocked nationwide, they could be applied in the 28 states that didn’t contest them in court, potentially resulting in “an extremely confusing patchwork” across the country, according to policy analyst Kathleen Bush-Joseph.
The aim to restrict birthright is part of a broader crackdown on immigration. Trump has characterized automatic citizenship as a lure for immigration.
Immigration Advocates Respond
Following the court’s decision, lawyers and advocates in several Republican-led states received calls from pregnant immigrants and their partners. They were struggling to explain the ruling to clients potentially affected by the unknown outcome of future litigation and how the executive order would be implemented.
Lynn Tramonte, director of the Ohio Immigrant Alliance, spoke of an East Asian temporary visa holder with a pregnant wife, worried about his child’s rights. He was focused on the rights within the Constitution.
Advocates have highlighted the severity of Trump’s proposed restrictions. An estimated 150,000 children born in the U.S. each year could be blocked from automatic citizenship.
“It really creates different classes of people in the country with different types of rights,”
—Juliana Macedo do Nascimento, Spokesperson, United We Dream
The Supreme Court also decided that members of the litigation’s two plaintiff groups would still be covered by lower court blocks on the policy. How individuals in states where the policy might be enforced could join the organizations, or how officials would check for membership, remains unclear.
Betsy, a U.S. citizen and CASA member, expressed her feelings about the policy.
“I feel like it targets these innocent kids who haven’t even been born,”
—Betsy, U.S. Citizen
Nivida, a Honduran asylum seeker in Louisiana, is a member of the Asylum Seeker Advocacy Project, and recently gave birth. A pregnant friend without legal status contacted her about the situation in Louisiana.
“She called me very worried and asked what’s going to happen,”
—Nivida, Asylum Seeker
Since 1868, the 14th Amendment has guaranteed birthright citizenship, stating that anyone born or naturalized in the U.S. is a citizen. Today, approximately 4.5% of births in the U.S. are to undocumented immigrants (Pew Research Center, 2024).
As legal challenges continue, the ramifications of the court’s decision will likely remain a source of confusion, particularly for families navigating the complexities of immigration law.
