Is Birthright Citizenship Under Threat? A Must Read

Since 1898, the U.S. Constitution has guaranteed citizenship to nearly all children born on American soil, regardless of their parents’ immigration status. But in recent years, the future of this long-standing right has come under renewed scrutiny.

So, is birthright citizenship under threat in today’s legal and political climate? And what would it take to change it? Here’s what you need to know.

What Is Birthright Citizenship?

Birthright citizenship is the principle that anyone born in the United States automatically becomes a U.S. citizen. It’s based on the 14th Amendment, which states:

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States…”

This amendment was adopted in 1868, primarily to grant citizenship to formerly enslaved individuals. But it has since applied to nearly all U.S.-born individuals, including children of undocumented immigrants, tourists, students, and temporary visa holders.

Why Is It Being Questioned Now?

Although birthright citizenship has been a constitutional norm for over a century, some politicians and advocacy groups argue it creates incentives for unauthorized immigration. They use phrases like “anchor babies” to claim that immigrants exploit this right to secure legal status for themselves.

Despite clear constitutional backing, the debate over birthright citizenship under threat is gaining momentum during election cycles. Politicians often invoke the issue to rally support, portraying it as a loophole for undocumented immigrants, even though no data supports this claim. The narrative misrepresents the actual legal protections guaranteed under the 14th Amendment.

In recent years, high-profile political figures have called for ending or redefining this constitutional protection. Back in 2018, President Donald Trump announced plans to end birthright citizenship via executive order, though legal experts widely agreed such a move would be unconstitutional.

Could Birthright Citizenship Actually Be Repealed?

In short: not easily.

Because it’s written into the Constitution, eliminating birthright citizenship would require one of two paths:

A constitutional amendment, which demands approval from two-thirds of both the House and Senate, plus ratification by three-fourths of state legislatures. This is an extremely high bar and has only happened 27 times in U.S. history.
A reinterpretation by the Supreme Court, which would have to overturn or drastically narrow the precedent set by United States v. Wong Kim Ark (1898), the landmark case that affirmed birthright citizenship for children of non-citizens.

Neither of these outcomes seems likely in the near term, though shifts in the makeup of the federal judiciary could influence how the issue is treated in future cases.

The real danger lies not in an immediate repeal, but in a gradual erosion of protections as political pressure builds. By framing birthright citizenship under threat as a pressing national issue, opponents hope to normalize restrictive interpretations in the public mind.

What This Means for Immigrant Families

For now, birthright citizenship remains intact. All children born in the U.S., regardless of their parents’ immigration status, are still legally recognized as citizens.

However, political rhetoric and proposed legislation continue to create anxiety and confusion. Some lawmakers have introduced bills seeking to deny citizenship to children of undocumented immigrants, though none have passed into law.

These efforts may not succeed legally, but they can contribute to an atmosphere of fear and uncertainty for immigrant families.

Need Help?

While birthright citizenship isn’t going away today or tomorrow, it’s clear that the debate around it is intensifying. For families with U.S.-born children, it’s important to stay informed, seek credible legal guidance, and avoid misinformation.

At Qazi Law Offices, we’re committed to helping immigrant families understand their rights and navigate the shifting legal terrain with confidence.

If you have questions or concerns about your family’s immigration status or your U.S.-born child’s future, don’t hesitate to reach out.

Need personalized advice? Call us today at 630-504-0648 or schedule a confidential consultation with Attorney Farrah.