Texas families may soon face significant challenges obtaining U.S. citizenship for their newborns, following a Supreme Court ruling allowing a Trump-era executive order to end birthright citizenship to take effect in 30 days.
Texas parents may face a surge of bureaucratic and legal confusion beginning next month, following the U.S. Supreme Court's decision to lift a nationwide injunction on former President Donald Trump’s executive order intended to terminate birthright citizenship. The ruling, decided by a vote of 6–3, permits the policy to be implemented in 28 states, including Texas, within 30 days.
The executive order aims to revoke U.S. citizenship for children born to undocumented immigrants — a significant shift from a constitutional assurance established by the 14th Amendment following the Civil War.
Experts in immigration caution that the implications of the ruling will extend well beyond just immigrant families.
“All parents, irrespective of their immigration status, must demonstrate their legal status to obtain citizenship for their newborns,” stated Elora Mukherjee, director of the Immigrants’ Rights Clinic at Columbia Law School. “This will lead to confusion and hold-ups in hospital delivery rooms throughout Texas.”
Healthcare administrators and state agencies report that they have not received any guidance from federal authorities regarding the implementation of the policy. “A birth certificate is merely a documentation of an event that took place in Texas,” stated Lara Anton, spokesperson for the Texas Department of State Health Services. “Citizenship is not merely a box to check on the birth certificate.”
Groups advocating for immigrant rights swiftly initiated a class-action lawsuit to contest the order. Although the lawsuit has the potential to result in a nationwide injunction, the existing Supreme Court ruling remains in effect — at least for the time being — permitting the policy to be enforced in states that are not currently contesting it.
Critics argue that the executive order may result in thousands of babies becoming stateless, which could put them at risk of deportation. “Which country will accept a baby born in the U.S. without citizenship?” inquired Domingo Garcia, president of the League of United Latin American Citizens. “It is harsh and unfair.”
In 2016, approximately 250,000 babies were born to undocumented parents in the United States, as reported by the Pew Research Center. With more than 377,000 births each year in Texas, both families and hospitals are preparing for potential confusion in the future.
