The Debate Over Ending Birthright Citizenship in the U.S.

On January 20, the Trump administration determined that birthright citizenship in the United States should end. As a result, President Trump signed an executive order (EO) that is scheduled to take effect on February 19, 2025. The EO would end automatic citizenship for babies born in the United States if neither of the parents are U.S. citizens or lawful permanent residents.

Changes to immigration policy and tradition in the U.S. are happening at a rapid pace. This can make understanding and navigating the U.S. immigration system, which is already complicated, even more difficult for individuals wanting to come to the country and reside in the U.S. The Atlanta immigration attorneys at Shirazi Immigration Law, Inc. are informed and up to date on any and all changes or updates happening in the U.S. immigration system. This allows the legal team at Shirazi Immigration Law, Inc. to provide superior legal services and immigration solutions for all people working through the immigration system in Atlanta, Dalton, Moultrie, and throughout the entire state of Georgia.

Why End Birthright Citizenship? 

According to the Trump administration, U.S. citizenship is valuable and a “profound gift.” It should not be granted to anyone from anywhere simply because they were born in the United States.

As per the 14th 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.”  The Trump administration explains the interpretation of the 14th Amendment as being written for a very narrow and specific purpose, which was to allow slaves of African descent the right to be American citizens. It was never intended to provide universal citizenship to all people born in the country.

Further, Congress legislated “a person born in the United States, and subject to the jurisdiction thereof” to be a U.S. citizen. Individuals born in the country who are not subject to the jurisdiction thereof and the right to citizenship are those where any of the following are true:

• If the baby’s mother was unlawfully present in the U.S. and their father was not a U.S. citizen or lawful permanent resident.
• The baby’s mother’s presence in the U.S. was lawful but temporary, and the father was not a U.S. citizen or lawful permanent resident.

 Legal Obstacles to Ending Birthright Citizenship 

The Trump administration’s efforts to terminate birthright citizenship have not been easy, and plenty of opposition and backlash have ensued. In fact, recently, a U.S. federal judge blocked the President’s EO and argued that children born in the U.S. to people who are illegally or temporarily in the country should be granted citizenship. Despite this, it is expected that the Trump administration will move to appeal the decision. An extensive legal process is likely to play out over birthright citizenship, which could take years.

Speak with an Atlanta Immigration Attorney Today 

For a consultation to discuss your immigration needs and case, please call Shirazi Immigration Law, Inc. at 404-523-3611. One of our Atlanta, GA, immigration lawyers is here for you and ready to help.

Source:

whitehouse.gov/presidential-actions/2025/01/protecting-the-meaning-and-value-of-american-citizenship/