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Implications of Ending Birthright Citizenship in the U.S.

4/1/2026, 10:55:09 PM

Supreme Court Review of Executive Order

The Supreme Court is currently deliberating on President Donald Trump’s executive order aimed at eliminating universal birthright citizenship for children born in the United States to undocumented immigrants and those on temporary visas. If the court upholds this order, a study from Penn State predicts that by 2050, approximately 6.4 million U.S.-born children could lack legal status. This potential change would significantly impact various demographic groups, particularly Hispanics and Asian immigrants.

Demographic Projections and Impacts

The Penn State study, led by Jennifer Van Hook and Nicole Kreisberg, outlines three scenarios regarding the implications of the proposed policy. The first scenario maintains the current law, granting citizenship to all children born on U.S. soil. The second scenario removes citizenship from children born to two undocumented parents, while the third scenario, which aligns with the proposed policy, also strips citizenship from children born to parents on nonimmigrant visas, including students and temporary workers. Under this broadest scenario, Latinos would represent 93% of the unauthorized U.S.-born population by 2050, but the relative increase among Asian communities is notable, with a projected fivefold increase in undocumented status.

Legal and Historical Context

The 14th Amendment, which guarantees citizenship to anyone born on U.S. soil, was enacted partly in response to the Dred Scott decision, which denied citizenship to Black individuals. The current legal challenge raises questions about whether the Supreme Court will interpret the amendment as allowing restrictions on birthright citizenship. The implications of this ruling could reshape the legal landscape for future generations.

Criticism and Opposition

Critics argue that the proposed policy disproportionately affects Latino families, who constitute the largest group of undocumented immigrants. However, the Penn State modeling indicates that the policy's impact extends beyond this demographic, potentially creating an undocumented population from families who have followed legal immigration pathways. This outcome raises concerns about fairness and the implications of denying citizenship to children born to parents who are legally present in the country.

Conflicting Reports and Gaps

While the study projects that 6.4 million children could be affected under the broadest scenario, a narrower scenario estimates that 5.3 million children would be impacted if only those born to two undocumented parents are considered. The actual number of children without legal status will depend on various factors, including fertility rates and migration patterns, which remain uncertain.

What's Next

The Supreme Court's decision, expected following the arguments presented in April, will determine the future of birthright citizenship in the United States. The outcome will have lasting implications for millions of children and families, shaping the demographic landscape of the nation for decades to come.

Verbatim Quotes

“During that time, under the new policy, any children born to them would accrue no citizenship at all.” — Jennifer Van Hook, Professor of Sociology and Demography, Penn State

“But the modeling gives policymakers something they rarely have when courts reshape foundational law: a reasonably specific sense of who gets created, and who gets left out, by the line they are drawing.” — Nicole Kreisberg, Assistant Professor of Public Policy, Penn State

“Whether the current Supreme Court will read its language as permitting restrictions on that principle is something the country won’t know until the arguments are made in April.” — Jennifer Van Hook, Professor of Sociology and Demography, Penn State