Citizenship by Birth: What Every Immigrant Family Should Know

When a child is born in the United States, that automatically makes them an American citizen. And what does it mean for parents who are in the country temporarily or without legal status? These are questions that millions of immigrant families ask every year.

Let’s take an example. Sara and Ahmed, a couple visiting from Pakistan, were in Washington, D.C. when their daughter was born. The hospital nurse congratulated them, saying, “Your baby is an American citizen.” Their joy soon turned into confusion. “Does that mean we can stay here now? Do we get a green card?” they wondered.

The answer lies in the 14th Amendment of the U.S. Constitution, which guarantees birthright citizenship — anyone born on American soil is automatically a U.S. citizen, regardless of their parents’ immigration status. It doesn’t matter if the parents are U.S. citizens, green card holders, visa holders, or even undocumented. The only exception applies to children born to foreign diplomats with full diplomatic immunity.

What It Means for Parents

While the child is a U.S. citizen from birth, the parents’ legal status remains unchanged. They don’t automatically receive work permits, green cards, or protection from deportation. However, once their child turns 21, they can file a petition to sponsor their parents for permanent residency. Until then, the parents must maintain their own valid immigration status or leave the country when their visa expires.

Trump’s Executive Order and the Legal Battle

In January 2025, former President Donald Trump signed Executive Order 14160 titled “Protecting the Meaning and Value of American Citizenship.” The order aimed to restrict birthright citizenship, stating that children born in the U.S. would not automatically be citizens if their parents were undocumented or on temporary visas. This move sparked widespread concern among immigrant communities, as it directly challenged the Constitution’s 14th Amendment.

However, several federal courts quickly blocked the order, citing it as unconstitutional. Civil rights organizations like the ACLU argued that birthright citizenship cannot be changed through executive action. As of now, the Supreme Court has not issued a final ruling, but the long-standing interpretation of the law remains in place: children born in the U.S. are U.S. citizens at birth.

The Reality Today

For immigrant families, this means that the law continues to protect birthright citizenship. Parents must still manage their own legal status, but their child’s citizenship remains secure. Once the child reaches adulthood, they can help their parents apply for permanent residency.

In Sara and Ahmed’s case, their daughter is an American citizen entitled to a U.S. passport, Social Security number, and all rights of citizenship. Yet, the parents must still leave the country or find another lawful way to stay after their tourist visa expires.

Final Thoughts

Birthright citizenship remains one of the most defining principles of the U.S. Constitution — a promise of equality and inclusion. While political debates around it may continue, for now, the law is clear and unchanged.

Children born in the United States are U.S. citizens. Their parents, however, must still follow immigration law to stay legally.