- What is the policy?
- Under the 14th Amendment of the U.S. Constitution, children born on U.S. soil are U.S. citizens at birth, regardless of their parents’ immigration status, temporary visa type, or lack of legal status. This principle, known as birthright citizenship, has been a cornerstone of U.S. immigration and constitutional law since 1868. Courts have repeatedly upheld that citizenship acquired at birth cannot be restricted by statute or executive action because it is constitutionally guaranteed. This protection ensures that children born in the U.S. have full legal rights and are not subject to the immigration status, country of origin, or temporary living circumstances of their parents.
- What are recent changes?
- On January 20, 2025, the administration issued a presidential executive order titled “Protecting the Meaning and Value of American Citizenship,” attempting to reinterpret the 14th Amendment and limit birthright citizenship for children born to individuals who are unlawfully present or temporarily present in the U.S. Within weeks, multiple federal courts blocked enforcement. A federal appeals court in Boston held that the administration could not deny U.S.-born children citizenship guaranteed under the 14th Amendment, stating the order was likely unconstitutional and exceeded executive authority. Additional federal judges issued injunctions preventing the government from implementing the policy while litigation proceeds.
- How does it impact South Asians?
- The South Asian American community includes many recent immigrants, temporary visa holders, mixed-status households, and families in long immigration backlogs. Any attempt to reinterpret birthright citizenship creates uncertainty about the legal status of U.S.-born children of South Asian immigrants. Even without an actual change to the law, the proposal has caused anxiety around hospital registrations, passport applications, and the future stability of children’s status. With the South Asian American community already navigating complex immigration systems, the mere possibility of altering birthright citizenship adds another layer of stress and legal ambiguity.
- What is the current status?
- As of now, there has been no change to birthright citizenship. Courts have blocked the executive order, and the constitutional guarantee remains fully in effect. Nonetheless, political debate around the issue continues. In Congress, Sen. Rosen (D-NV) introduced S. 646 – Born in the USA Act, which would prohibit the use of federal funds to implement the executive order and reaffirm the constitutional protections for U.S.-born children. While no new law has been enacted to restrict birthright citizenship, ongoing litigation and legislative responses indicate that the issue remains active.