As the Trump administration moves to end birthright citizenship, immigration attorney Maribel Pizá examines the profound legal, social and economic consequences of this policy change.
The automatic acquisition of U.S. citizenship by children born within the United States, regardless of their parents’ immigration status, is a cornerstone of the 14th Amendment to the U.S. Constitution. However, discussions about limiting this principle—by granting automatic citizenship only to children whose mother or father is a lawful permanent resident or U.S. citizen—have far-reaching legal, social, and economic ramifications.
Legal Implications
The proposed limitation would directly challenge the interpretation of the 14th Amendment’s Citizenship Clause, which grants citizenship to “all persons born or naturalized in the United States, and subject to the jurisdiction thereof.” For over 150 years, courts have consistently interpreted this clause to include nearly all children born on U.S. soil. Restricting citizenship would require either a constitutional amendment or a reinterpretation by the Supreme Court, setting a legal precedent with unpredictable consequences for other rights and protections guaranteed under the Constitution.
Additionally, limiting birthright citizenship raises questions about the legal status of children born to undocumented or non-citizen parents. These children would likely become stateless if their parents’ home country does not recognize citizenship by descent or if the family cannot meet administrative requirements to secure it. Statelessness could deprive individuals of basic rights, including the ability to travel, work, or access education, creating a permanent underclass within U.S. borders.
Social Consequences
Restricting birthright citizenship could deepen societal divisions and stigmatize children based on their parents’ legal status. Such a policy might reinforce xenophobia and discrimination, further marginalizing immigrant communities. Children born in the U.S. but denied citizenship would face significant challenges integrating into American society, as they might lack access to fundamental rights such as public education, healthcare, and legal protections.
The policy could also strain family dynamics. Mixed-status families—where some members are U.S. citizens and others are not—already face unique challenges. Denying automatic citizenship to children would exacerbate these difficulties, potentially leading to family separations and psychological harm for affected children.
Economic Impacts
Economically, limiting birthright citizenship could have significant long-term consequences. Undocumented immigrants often contribute to the U.S. economy through labor, taxes, and consumer spending. Denying citizenship to their U.S.-born children could limit these children’s opportunities to contribute as future workers and taxpayers. Over time, this policy could shrink the labor force and reduce economic growth, particularly as the U.S. faces an aging population and declining birthrates.
Moreover, implementing and enforcing such a policy would likely be costly. Verifying parents’ immigration status at the time of a child’s birth would require a robust bureaucratic infrastructure, increasing administrative expenses for hospitals and government agencies. These costs would ultimately burden taxpayers.
International Ramifications
The United States has long been seen as a global leader in embracing diversity and providing opportunities for all, regardless of background. Changing the birthright citizenship policy would signal a significant shift in American values, potentially harming the nation’s reputation abroad. Countries with high levels of emigration to the U.S. might view the policy as discriminatory, straining diplomatic relations and international cooperation.
Conclusion
Limiting automatic citizenship to children born in the United States whose mother or father is a lawful permanent resident or U.S. citizen would have profound legal, social, economic, and international consequences. While proponents of the policy argue it would deter illegal immigration, the broader implications suggest it would undermine constitutional principles, deepen societal divides, and impose significant economic costs. Rather than restricting citizenship, policies should focus on comprehensive immigration reform that upholds American values of equality, opportunity, and justice for all.
Maribel A Pizá, Attorney at Law
About the author
Maribel A. Pizá is an immigration attorney based in Ft. Lauderdale, Fl. She practices only Immigration Law and is dedicated to advocating for policies that uphold justice and fairness. She can be reached at (954)367-6492 or [email protected]
For Media Inquiries
For questions about this Op-Ed and/ or Maribel Piza, P.A., please contact Heather Lopez at [email protected] or 305-647-9275
