What Is Birthright Citizenship?
Birthright citizenship means that any baby born in the United States automatically becomes a U.S. citizen. This has been the law for over 150 years. It doesn’t matter if the parents are here legally or not – if you’re born on U.S. soil, you’re an American citizen.
This right comes from the 14th Amendment to the Constitution, which was created after the Civil War to ensure that all people born here (including former slaves) were citizens.
What’s Happening Now?
President Trump signed an executive order trying to change this rule.
He wants to stop giving citizenship to babies born to:
- Parents who are in the U.S. without legal status
- Parents who are here temporarily (like on tourist visas)
Important: Several federal judges have said this order is unconstitutional and have blocked it. The Supreme Court recently made a ruling about how courts can block these orders, but they haven’t decided if Trump’s order is legal or not.
If You Got Citizenship by Being Born in the United States – Protect Your Status
Make Sure You Have Your Citizenship Documents
If you were born in the United States and are a citizen because of birthright citizenship, here’s what you should do:
Documents That Prove Your Citizenship:
- Your U.S. birth certificate is official proof of your citizenship
- Your U.S. passport also proves your citizenship
These are the only documents you need to prove you’re a U.S. citizen
If You Got Citizenship Automatically When Your Parents Naturalized Before You Turned 18
You Should Apply for Form N-600 (Certificate of Citizenship)
If you got citizenship automatically because your parents naturalized when you were under 18 years old, here’s what you should do:
Why Apply for N-600:
- It gives you official proof of your derived citizenship
- It’s harder for the government to challenge your status later
- You’ll have a document that clearly shows you’re a U.S. citizen
What You Need:
- Your birth certificate (from any country)
- Your parents’ naturalization certificate
- Proof that you were a legal permanent resident when your parents naturalized
- Proof that you lived with your parents when they naturalized
- Form N-600 (you can download it from the USCIS website)
- $1,385 filing fee (you may qualify for a fee waiver if you have low income)
Timeline: This process usually takes 8-12 months.
If You’re Pregnant and Undocumented
Your Baby’s Citizenship Depends on Where You Live
The legal situation is complicated right now. Here’s what you need to know:
States Where Birthright Citizenship Is Currently Protected: Federal judges have blocked Trump’s order in these states:
✅ WHERE YOUR BABY WILL GET CITIZENSHIP: Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.
❌ WHERE THE NEW RULES WILL APPLY: In all other states, Trump’s new citizenship rules will begin approximately July 27, 2025. This means babies born to undocumented parents or parents on temporary visas may not automatically get U.S. citizenship.
Source: Newsweek
What This Means for You:
- If you’re pregnant and live in a state where the order is blocked, your baby born there will be a U.S. citizen
- If you live in a state where it’s not blocked, your baby might not automatically get citizenship
Important Steps to Take:
- Get Prenatal Care: Find a community health center that serves undocumented people
- Keep All Medical Records: Save everything from your pregnancy and birth
- Get Your Baby’s Birth Certificate Immediately: This is crucial documentation
- Contact Legal Help: Reach out to immigrant rights organizations in your area
Resources for Pregnant Undocumented Women
Free or Low-Cost Healthcare:
- Community health centers (find them at findahealthcenter.hrsa.gov)
- Planned Parenthood locations
- Local hospitals (they must provide emergency care)
Legal Help:
- Contact your local Legal Aid office
- Call immigrant rights organizations
- Many offer free consultations
What’s Next in the Courts
The legal fight isn’t over. Here’s what to expect:
- Lower courts will continue to hear cases about whether Trump’s order is constitutional
- The Supreme Court will likely make a final decision in the coming months
- Different states might have different rules until there’s a final decision
Protect Yourself: Important Documents to Keep
Whether you’re a citizen by birth or undocumented, keep these documents safe:
For Citizens:
- Birth certificate (original and copies)
- Any citizenship documents
- Passport or passport card
- Social Security card
For Everyone:
- Medical records
- School records
- Tax returns
- Any government documents with your name
Storage Tips:
- Keep originals in a safe place
- Make copies and store them separately
- Consider giving copies to a trusted friend or family member
- Take photos of documents and store them securely online
Know Your Rights
If Immigration Officials Contact You:
- You have the right to remain silent
- You have the right to an attorney
- Don’t sign anything you don’t understand
- Ask to speak to a lawyer
At Hospitals:
- You have the right to emergency medical care regardless of immigration status
- Hospitals cannot turn away pregnant women in labor
- You don’t have to answer questions about immigration status to receive care
Get Help Now
Don’t wait to get help. Here are resources:
- National Immigration Law Center: nilc.org
- American Immigration Lawyers Association: aila.org (find a lawyer)
- United We Dream: unitedwedream.org
- Local Legal Aid: lawhelp.org
Emergency Legal Hotline Numbers:
- ACLU: Call your state ACLU chapter
- Many cities have 24-hour immigration hotlines
The Bottom Line
- If you’re a U.S. citizen by birth: Make sure you have your birth certificate and passport secure to prove your citizenship
- If you got citizenship when your parents naturalized: Apply for your N-600 certificate now to protect your status
- If you’re pregnant and undocumented: Know your rights, get medical care, and contact legal help
- Everyone: Keep important documents safe and know where to get help
The law is changing quickly. Stay informed through trusted legal sources and immigrant rights organizations. Don’t rely on social media or rumors for legal information.
Remember: You have rights, and there are people and organizations ready to help you protect them.
This article is for information only and is not legal advice. Every situation is different. Contact a qualified immigration attorney for advice about your specific case.