Birthright citizenship, established in the 14th Amendment to the U.S. Constitution, has been one of the fundamental pillars of the U.S. legal system since 1868. According to this rule, every person born on U.S. soil is automatically a U.S. citizen, regardless of the immigration status of his or her parents. However, in recent months, this guarantee has once again been at the center of political and legal debate.
In 2025, some conservative sectors and political figures have pushed proposals that question or seek to limit this constitutional right, which has generated concern among experts, civil rights advocates and immigrant communities.
What exactly is being proposed about birthright citizenship at risk?
Although there is no law in place that has eliminated birthright citizenship, several legislators have introduced state and federal bills that seek to:
Deny automatic citizenship to children of undocumented immigrants.
Modify the interpretation of Amendment 14, arguing that it should not apply to children of “undocumented” persons.
Require at least one parent to have permanent legal status in order for the minor to obtain citizenship.
Some presidential candidates and governors have expressed support for these initiatives, stating that birthright citizenship “encourages illegal immigration” and should be revised.
Is it legal to change the 14th Amendment?
Modifying or eliminating birthright citizenship is neither simple nor automatic.
It requires a constitutional amendment, which implies approval by two-thirds of Congress and ratification by three-fourths of the states.
Alternatively, the Supreme Court could reevaluate the interpretation of the amendment, should a key case come before it for review.
Most constitutional experts agree that changing this guarantee would be extremely difficult and could have far-reaching legal and social consequences.
Who would be affected?
The proposed changes would directly affect millions of immigrant families.
According to the Pew Research Center, more than 4 million U.S.-born children have at least one undocumented parent.
Taking away their citizenship would create a class of stateless people born on U.S. soil, without access to basic rights such as education, health care or legal work.
It would also affect the legal stability of people who have already lived their entire lives in the country as citizens.
Community reactions and advocates
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Several civil rights organizations have condemned the proposals as xenophobic and unconstitutional.
“This is a direct attack on the principle of equality before the law,” said a spokesperson for the ACLU (American Civil Liberties Union).
Meanwhile, pro-immigrant groups have launched information campaigns to reassure families that birthright citizenship has not been eliminated.
This article was originally published in Nueva News.
Archived as: Birthright citizenship at risk
