For the first time in more than a century, the U.S. Supreme Court has agreed to hear a case that could redefine birthright citizenship in America. The case, expected to be one of the most consequential immigration decisions in decades, will determine whether the American-born children of undocumented immigrants are guaranteed U.S. citizenship under the 14th Amendment.
The announcement has sparked intense national debate and raised urgent questions for families, employers, and immigration practitioners. At Berardi Immigration Law, we’re breaking down what this development actually means, what could change, and how to prepare for the road ahead.
Understanding Birthright Citizenship in the U.S.
The 14th Amendment Framework
Since 1868, the 14th Amendment has guaranteed that any person born on U.S. soil and “subject to the jurisdiction thereof” is a U.S. citizen. For well over 100 years, that principle, jus soli, or “right of the soil”, has been a bedrock of American immigration law.
Today, approximately 300,000 children a year are born in the U.S. to parents without lawful immigration status. Under the current legal framework, those children are U.S. citizens at birth, with all rights and protections that status provides.
Why This Case Matters Now
In recent years, political pressure has mounted to challenge birthright citizenship. The current case before the Supreme Court directly confronts whether children born to undocumented parents are fully “subject to the jurisdiction” of the United States, and therefore entitled to citizenship.
The justices have agreed to take up the question; an extraordinary move, given the long-standing legal precedent and historical consensus surrounding the 14th Amendment.
According to early reporting, the Court’s conservative majority appears poised to scrutinize the traditional interpretation more aggressively than ever before.
This is not a routine case.
This is not a narrow policy dispute.
This is a structural challenge to a constitutional guarantee.
What’s at Stake for Families and Employers
Potential Outcomes
While the Court has not yet heard oral arguments, immigration experts expect a range of possible outcomes:
- Affirmation of the current rule, leaving birthright citizenship intact
- A narrowed definition, limiting citizenship for children born to certain categories of noncitizens
- A major reversal, excluding U.S.-born children of undocumented parents from automatic citizenship
Any departure from the existing rule would have sweeping effects. A change in birthright citizenship could influence access to passports, federal benefits, future immigration filings, and even deportation protection for millions.
Legal and Practical Ripple Effects
A ruling that restricts birthright citizenship would create enormous legal ambiguity, including:
- Questions about documentation for children born in the U.S.
- Complicated derivative immigration claims
- Increased reliance on employers to verify evolving citizenship rules
- New exposure to unlawful presence findings for certain families
- Substantial administrative burdens on federal agencies
These aren’t hypothetical issues, they are real and imminent concerns for families navigating the system.
At the same time, the Supreme Court’s review does not change current law.
Children born in the U.S. today remain U.S. citizens.
As Berardi Immigration Law Partner, Jennifer Behm, Esq., notes:
“Families are understandably anxious, but it’s important to remember that nothing has changed yet. Birthright citizenship remains the law, and anyone affected by this case should seek reliable legal guidance, not rumors.”
How We Got Here: The Constitutional Question
The heart of the case is the phrase “subject to the jurisdiction thereof.”
Historically, courts and Congress alike have interpreted this language to include virtually all children born in the U.S., with limited exceptions (such as the children of foreign diplomats).
Opponents of birthright citizenship argue that undocumented immigrants owe allegiance to a foreign power, and therefore their U.S.-born children should not be considered fully under U.S. jurisdiction.
Supporters point out that allegiance arguments were repeatedly rejected by the courts in the 19th and early 20th centuries, and that the 14th Amendment was deliberately written to provide a clear, inclusive standard.
The Supreme Court’s willingness to revisit this question signals that at least some justices may be open to a reinterpretation.
How Immigrant Families Should Prepare Now
At Berardi Immigration Law, we encourage families to stay calm but informed. This is a fast-moving issue, and preparation is key.
Keep Citizenship Documents Secure
Anyone with a U.S.-born child should ensure that passports, birth certificates, Consular Reports of Birth Abroad, and other identity documents are readily accessible and up to date.
Avoid Relying on Social Media Rumors
Misinformation is already spreading rapidly. Birthright citizenship has not been suspended, and existing citizens are not in jeopardy.
Assess Your Own Immigration Options
Parents who are undocumented or out of status should consult with an attorney to explore whether any immediate or future benefits may be available, such as:
- Family-based petitions
- Humanitarian programs
- Employment-based options
- Waiver eligibility
Even if birthright citizenship rules change, many families may have alternate paths to lawful status.
Employers Should Prepare for Compliance Uncertainty
Companies that regularly hire foreign nationals should monitor upcoming decisions to anticipate potential changes in Form I-9 rules, documentation review, and workforce planning.
What’s Next?
The Supreme Court is expected to hear the case in early 2026, with a decision likely by late summer. Depending on the outcome, Congress may also take up legislation related to birthright citizenship.
We will continue to monitor every development closely and provide timely updates to our clients and community.
Stay Informed and Stay Ready
Birthright citizenship has been a cornerstone of American identity for generations. The Supreme Court’s decision to reconsider it represents a seismic moment in immigration law, one that could reshape the lives of millions.
While speculation is high, nothing has changed yet. Families, employers, and individuals should watch developments closely, stay connected to trusted legal sources, and seek guidance early if they believe they may be affected.
Berardi Immigration Law will continue standing with our clients, offering clear and practical advice during this period of unprecedented change. Click here to contact our team today.
Birthright Citizenship FAQs
Is birthright citizenship still in effect right now?
Yes. Children born in the U.S. today are still U.S. citizens at birth. The law has not changed.
Could the Supreme Court revoke citizenship from people who already have it?
Highly unlikely. Even in aggressive scenarios, the Court is expected to apply any new standard prospectively.
Do parents of U.S.-born children gain immigration status through their kids?
Not automatically. A U.S. citizen child cannot sponsor a parent until age 21, and other eligibility rules apply.
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