Understanding Birthright Citizenship in the united states

A Brief History of Birthright Citizenship

Established by the Fourteenth Amendment in 1868, birthright citizenship was designed to guarantee citizenship for formerly enslaved individuals. The 1898 Supreme Court case United States v. Wong Kim Ark confirmed that children born in the U.S. to non-citizen parents are U.S. citizens. This principle has remained intact for over 125 years.

The Constitution and Birthright Citizenship

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

While some have argued for narrower interpretations, courts have consistently upheld that this includes children of undocumented immigrants. The only exceptions apply to children of diplomats, foreign soldiers, or (historically) tribal members before 1924.

Recent Challenges to Birthright Citizenship

In early 2025, President Trump attempted to issue an executive order denying automatic citizenship to children of non-citizen parents. This action was blocked by federal courts, reaffirming the constitutional protection. However, ongoing political pressure means families must stay alert and informed.

Misconceptions About Birthright Citizenship

• Myth: Birthright citizenship is a loophole.
  Truth: It's a constitutional right upheld since 1868.

• Myth: Only the U.S. offers it.
  Truth: Many countries, including Canada and Mexico, have similar policies.

• Myth: Children of undocumented immigrants aren’t citizens.
  Truth: They are.

• Myth: An executive order can remove this right.
  Truth: Only a constitutional amendment or Supreme Court ruling could change it.

Why This Matters for Families in San Francisco and San Jose

Birthright citizenship impacts real lives:

• Legal Security: U.S.-born children are immune to deportation.

• Education & Opportunity: Full access to public programs.

• Family Sponsorship: A path to help parents gain legal residency.

Why Choose Hurtubise Weber Law LLP?

• Proven Success – Consistent results in complex immigration cases.

• Experienced Attorneys – Experts in shifting legal landscapes.

• Personalized Support – Legal plans tailored to your family.

• Bilingual Services – English and Spanish support.

• Transparent Advice – Honest guidance, no surprises.

The Future of Birthright Citizenship

While the law stands strong today, potential reforms could:

• Trigger legal challenges and new court interpretation

• Shift family reunification and sponsorship policies

• Be influenced by shifting political attitudes

• Be protected through advocacy from immigration rights groups

What You Can Do

Staying informed is the best defense. Hurtubise Weber Law LLP is committed to helping you understand birthright citizenship and its impact on your family’s legal status. Whether you’re navigating green cards, residency, or future planning—we’re here to help.