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Birthright Citizenship in 2024: What Immigrant Families Should Know

The outcome of the 2024 presidential election has brought immigration and citizenship into the national spotlight in a way we haven’t seen in years. Since his campaign, Donald Trump has made immigration his primary focus, promising sweeping reforms and a hardline approach. Now, as president-elect, he has vowed to start the process of deporting hundreds of thousands of individuals within his first 100 days. Trump has also proposed ending birthright citizenship, a right long enshrined in the 14th Amendment of the U.S. Constitution.

These plans have left many immigrant families feeling anxious about their future and unsure of how to move forward. At Dozier Miller Law Group, we understand how uncertain times like these can affect families. Below, we’ll explain what birthright citizenship means, what Trump’s proposals could involve, and how immigrant families can prepare to protect their lives in the U.S.

What Is Birthright Citizenship? 

Birthright citizenship means that any child born on U.S. soil is automatically a U.S. citizen, regardless of their parents’ immigration status. This right is protected by the 14th Amendment, which states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”

For over 150 years, this principle has been a key part of what defines American identity, ensuring that children born here have the same rights as any other U.S.-born citizen.

The term “anchor babies” is often used to criticize birthright citizenship. It’s a misleading and often derogatory phrase used to describe children born in the U.S. to immigrant parents. The misconception is that these children somehow provide a path for their parents to secure legal status in the U.S. However, that’s not how birthright citizenship works. While it grants citizenship to the child, it does not extend any immediate legal protections or residency rights to their parents.

This misunderstanding plays a central role in the debate over birthright citizenship. Trump’s proposal to end birthright citizenship would be an unprecedented challenge to the 14th Amendment. Such a move would require either a constitutional amendment or significant action through the courts—both of which could take years to resolve.

What Does This Mean for Immigrant Families? 

Trump’s focus on immigration–and his plans for mass deportations–have caused fear among immigrant families. He has also contemplated rolling back Biden-era policies, including protections for undocumented immigrants and pathways to citizenship for Dreamers under DACA (Deferred Action for Childhood Arrivals).

These changes put certain groups at greater risk, especially mixed-status families—where children are U.S. citizens but their parents are undocumented. Deportations in these cases could separate families, leaving many struggling to understand their options or what steps to take.

Although birthright citizenship can’t be taken away from those who already have it, possible changes to this right may create confusion and uncertainty for future families. That’s why it’s crucial for those navigating immigration challenges to stay informed and plan ahead.

How Immigrant Families Can Prepare 

Keeping yourself and your family safe during uncertain times starts with knowing your legal rights and taking steps to protect them. Here are a few things you can do:

  1. Know Your Rights:  No matter your immigration status—whether you’re undocumented, a DACA recipient, or seeking asylum—it’s crucial to know what your rights are in the U.S. Simple steps, like understanding what to do if ICE agents knock on your door, can make a significant difference. Many advocacy organizations like the National Immigrant Justice Center and ACLU offer free “Know Your Rights” guides to help you stay informed.
  2. Organize Important Documents: Keep important records—like immigration papers, birth certificates, and identification—safe and easy to access. If you’re missing documents, start working on getting them now.
  3. Review Your Immigration Status: If you have an immigration application that’s active or pending, double-check that everything is complete and accurate. If you qualify for things like adjustment of status, naturalization, or other legal protections, act quickly—waiting could limit your options later.
  4. Make a Family Safety Plan: Families, especially those with mixed immigration statuses, need a plan in case of emergencies. This could include picking someone you trust to care for your children or preparing legal documents that allow them to make decisions for you.
  5. Get Legal Support: Dealing with immigration issues can be complicated, but you don’t have to do it alone. A legal team can guide you through your options and help you feel more secure about the future.

Taking these steps now can empower you and your loved ones to face whatever challenges come next.

Moving Forward 

It’s normal to feel worried or uncertain about what’s happening, but remember—you’re not alone. At Dozier Miller Law Group, we’ve been helping individuals and families with immigration matters for decades. Our team has a deep understanding of immigration law and the challenges it can bring, both legally and emotionally.

We handle a wide variety of immigration cases, including family-based and employment-based immigration, student visas, asylum and refugee status, deportation defense, and naturalization. Whatever your situation, our experienced team is here to provide the guidance and support you need, whether that’s answering questions, assisting with paperwork, or representing you in court.

Laws may change, but your hope for a safe and happy future in the U.S. doesn’t have to. If you have concerns about birthright citizenship, deportation, or other immigration issues, we’re just a call away. Reach out to our immigration attorneys today, and let’s create a plan to protect you and your family’s future.

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