Gabriella Agostinelli, Senior Associate Attorney at Berardi Immigration Law, was recently quoted by Buffalo Toronto Public Media (BTPM NPR), offering her legal perspective on the U.S. Supreme Court’s ruling upholding birthright citizenship nationwide.
The article, Local immigration advocates react to Supreme Court ruling upholding birthright citizenship, covers Tuesday’s 6-3 decision, which struck down President Trump’s executive order seeking to deny automatic citizenship to children born in the U.S. to parents without permanent residency. The ruling also reaffirms United States v. Wong Kim Ark, the 1898 case that first established birthright citizenship under the 14th Amendment.
Gabriella shared her assessment of what the ruling means for the rule of law:
“What the court finalized today is that citizenship rules are not flexible policy decisions; they are fixed constitutional rights. Even though we have a very conservative court at the moment, we still have to have respect for our jurisprudence, our court case history that has come before us, and that’s what they did.”
The executive order, signed in January 2025, had left many immigrant families uncertain about the citizenship status of children born in the U.S. Gabriella also spoke to the broader constitutional stakes of the case, emphasizing that lasting changes to citizenship should come through national consensus, not unilateral executive action, and pointed to the millions of U.S.-born children of undocumented or temporary-status parents who stand to contribute to the country’s economy and future.
Read the full article here: BTPM NPR
As the Supreme Court continues to weigh in on major immigration policy questions, Berardi Immigration Law remains committed to keeping clients informed on how these rulings affect their rights and options. If you have questions about how this decision may impact you or your business, our team is here to help.
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