Warning – An end to Birthright Citizenship could affect Thousands

The 14th Amendment to the U.S Constitution reads “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 President has vowed to end Birthright Citizenship by executive order.

While the legalities of this are in dispute, the implications are not. If you have a U.S citizen son or daughter who is about to be 21 your child may petition on your behalf as has been commonly accepted in the past. If this order were to succeed and applied retroactively, this could put your petition in jeopardy. While this weeks current argument is centered on the legality of such an action this has rattled immigrants with U.S Citizen children.

Two factors would contribute to the likely success of such an action. Firstly it would likely begin a legal battle which would end up in a Supreme Court which currently has a conservative majority makeup.

Secondly with the 2018 mid term elections in full swing it is certainly something that could be picked up and passed by an act of Congress based on its makeup post election. Some scholars have remarked at the timing of such an announcement to illustrate its likelihood.

The “anchor babies” as they have been pejoratively called are children born to non U.S citizen parents. They are considered U.S citizens and provided the protections of the constitution as it is currently interpreted. This could change.

Timing is Everything. Contact us at The US Immigration Team PLLC for a free consultation and evaluation of your situation and proactively address your concerns.