As of right now, the United States still recognizes birthright citizenship broadly. Basically, this means that if a person is born on United States soil, they are a citizen of the United States.
Regardless of their parents’ citizenship, those with birthright citizenship may not be deported. They have the same rights as any other citizen of this country.
The recent controversy over birthright citizenship started when the current president issued an order aiming to deny birthright citizenship to children born here in certain circumstances, such as when their parents are undocumented or in the United States on a temporary basis.
Opponents of this action argue that it contradicts the plain language of the Fourteenth Amendment to the U.S. Constitution. The federal government, by contrast, defends its authority to restrict birthright citizenship.
Thus far, the U.S. Supreme Court has weighed in on important procedural matters in this case but has not taken a decisive stand on whether the president can limit birthright citizenship. Right now, lower federal courts have issued orders preventing the administration from enforcing its directive.
Why would birthright citizenship be important the New Jersey immigrants?
Even if the Supreme Court ultimately allows the President to move forward, the order only applies to the still very young children born in the United States a month after the president issued his order.
Also, having a child who has American citizenship by birthright does not automatically protect an immigrant from deportation.
However, immigration enforcement does have some discretion to decline to deport a person for many reasons, including their family situations. Of course, what immigration enforcement is willing to do or not do will depend on the policies of the sitting President.
Someone facing a situation where they might be separated from their children may also be able to file for a cancellation of removal if they qualify for this type of relief. However, a person exploring this option will want to know all the details involved, as it can be a complicated legal procedure.
