The recent birthright citizenship challenge from the Trump administration is presenting risks to children born in the U.S. with citizenship status. Birthright citizenship has recently been the subject of debate, and it’s important to know what kinds of risks could come for immigrants and their families if this principle disappears.
To speak with a Chicago citizenship attorney about birthright citizenship or other matters, consult with Cho Immigration Law by calling 312-853-3088.
Understanding the Constitutional Debate Over Birthright Citizenship
For the last two decades, the percentage of births to foreign-born mothers in the U.S. has been around 20% to 25%. These children, like all other people born in the U.S., qualify as U.S. citizens under the Fourteenth Amendment to the U.S. Constitution.
According to this amendment, “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.” Historically, the only exceptions to this amendment have been children of enemy occupiers or foreign diplomats during wartime.
While this principle has been an integral part of American law since its ratification in 1868, the Trump administration has challenged it in an attempt to enact immigration reform, leading to controversial debates and legal action to prevent the administration from getting rid of birthright citizenship.
Many advocates of immigrants in the U.S. oppose the Trump administration’s stance and actions regarding immigration. In fact, multiple immigrants’ rights advocacy groups are in the process of suing the Trump administration over its recent executive order combatting birthright citizenship.
Specifically, in his second term, President Trump recently signed an executive order that would eliminate this principle, preventing some infants born in the country from qualifying as citizens. The move could put these children and their families at serious risk, advocates argue.
On January 20, multiple parties filed the lawsuit against the Trump administration, including:
- the American Civil Liberties Union (ACLU)
- ACLU of Massachusetts, New Hampshire, and Maine
- State Democracy Defenders Fund
- Asian Law Caucus
- Legal Defense Fund
These groups represent communities whose members face hardships if the Trump administration succeeds in reversing Fourteenth Amendment rights for immigrant children.
How Changes to Birthright Citizenship Could Impact Immigrant Families
There are several ways changes to U.S. birthright citizenship laws could hurt immigrant families, including children born in the U.S. and their parents, along with entire communities.
Leaving Children “Stateless”
Children born in the U.S. who don’t count as citizens by birthright will become stateless and subsequently be without critical legal protections that other citizens experience. They would also be unable to obtain essential services like healthcare and education, hindering their ability to develop even as residents in the country. These children would ultimately be unable to obtain identification, maintain or even gain employment, vote, or contribute to their communities and America at large.
Separation of Families
Due to the fact that stateless children would have a different status than their parents, another risk that families face is separation. For instance, even if a child born in the U.S. has family in the country to which he or she has grown close to, he or she could be unable to stay in the country if the child’s parents are deported at any point.
Separating families in the U.S. is another huge source of controversy when it comes to immigration reform, as splitting loved ones from each other can lead to lifelong trauma and emotional distress.
Social and Economic Marginalization
The birthright citizenship challenge could also lead to barriers to social integration, housing, and gaining employment. As a result, immigrant families could suffer from the inability to progress as residents in the U.S.
Can Birthright Citizenship Be Revoked?
At this time, this inherent right is still an integral component of the U.S. Constitution, but with new legislature under the Trump administration or other political entities, it is possible for this right to eventually become revoked. However, advocates are pushing back on the attempt to revoke these rights, which could help maintain protections for immigrants and their children.
Could Dual Citizenship Offer Protection?
If citizenship laws change, you might benefit from dual citizenship in some circumstances. What is dual citizenship, exactly? This type of citizenship involves cases where a single person is technically a citizen of two countries. For example, you might be both a citizen of your country of origin and the U.S.
Dual citizenship could offer children born in the U.S. with an outlet if they no longer qualify as American citizens. The person could move to the foreign nation and live as a full citizen and avoid some of the pitfalls that they might otherwise face in the U.S. However, dual citizenship could divide families, and if the individual has built a solid foundation in the U.S. as his or her home, the migrant may leave without the support needed to thrive elsewhere.
Why You Need an Immigration Lawyer
In the event of immigration law changes, or if you otherwise face issues regarding immigration, it’s in your best interest to consult an experienced immigration attorney in Chicago.
There are multiple ways an immigration attorney could help you, including:
Protecting Your Rights
The primary goal of immigration attorneys is to protect immigrants’ rights and help them avoid the many challenges that they may face. Attorneys provide legal representation during immigration hearings and proceedings, often in court, to ensure their clients receive fair hearings and that their rights are consistently upheld. Attorneys also protect clients against exploitation from others who might take advantage of immigrants, such as landlords and employers.
Easing the Path to Citizenship
A citizenship lawyer who knows how the citizenship process works could help open the path to citizenship for legal permanent residents who meet all eligibility requirements for citizenship.
An attorney could help ensure you meet all the following criteria to become a U.S. citizen:
- A minimum age of 18 years
- Permanent residency for three to five years with a valid green card
- A physical presence in the U.S. for at least half of the person’s time in the country as a resident
- Good moral character with no history of serious crimes
- Basic proficiency in English, with the ability to pass an English test along with testing covering U.S. government and history
- A pledge of loyalty to the country in a naturalization ceremony
Your attorney could also inform you of what disqualifies you from becoming a U.S. citizen and detail how you could meet the necessary requirements. For further protection in the event of changing citizenship laws, your attorney could also help you apply for dual citizenship if it’s a viable option.
Preparing Documentation and Filing
Another way an attorney could help you is by preparing all the paperwork needed to apply for citizenship and other immigrant statuses. Often, there’s a lot of information you need to complete, and it can be daunting in many cases. As a result, many applicants make mistakes that could hurt their ability to succeed in the immigration process and lead to application denial.
An experienced attorney could determine what forms and supporting documentation you need, help ensure all information is consistent and accurate across all the documentation, and assist with the filing process.
Your lawyer could also continually check on the status of your application to help you gauge how long the entire process could take, helping to speed up the process.
Help With Other Immigration Matters
Your attorney may be able to help with other aspects of immigration, including sponsoring other family members to enter the country once you become a lawful permanent resident or citizen. He or she could represent you in court during deportation or removal hearings, helping keep you in the country.
Generally, it’s best to speak with an attorney about assistance you may need at any point as an immigrant. The right attorney can establish the options available to you and inform you of your rights, helping protect you in the event of changes to immigration laws at any point.
Reach Out to an Immigration Attorney in Chicago
The latest birthright citizenship challenge introduces multiple additional challenges that immigrants and their native-born children could face. If you and your family need assistance in any way with immigration processes, citizenship, protection from deportation, or other matters, you can benefit greatly from the help of an experienced and knowledgeable immigration lawyer.A good lawyer will meet with you in a consultation to discuss your needs and provide representation. Contact us today to speak with the attorneys at Cho Immigration Law and discover what we can do for you.
