A potential reinterpretation of the 14th Amendment, spearheaded by former President Donald Trump, is facing legal scrutiny and could have significant consequences for birthright citizenship in the United States. A recent study indicates that if Trump’s plan is upheld by the Supreme Court, approximately 6.4 million U.S.-born children could be without legal status by 2050.

Supreme Court Review and Potential Impact

The Supreme Court is currently hearing arguments regarding Trump’s executive order, which aims to deny U.S. citizenship to children born in the country to immigrants residing illegally and those on temporary visas. This action would effectively reinterpret the 14th Amendment of the Constitution, a cornerstone of citizenship rights.

Disproportionate Effect on Asian Communities

While the largest absolute number of those affected would be Hispanic individuals – reflecting their larger representation within the undocumented population – the study highlights a disproportionate relative impact on Asian communities. Researchers predict that 41 out of every 1,000 Asian immigrants would have children born without citizenship, compared to 17 per 1,000 Latino immigrants.

Jennifer Van Hook, a demographer and co-author of the study, explained, “For Latinos, we would see the most growth in absolute numbers of undocumented people. But relative to the small size of the undocumented Asian population, we would see very high numbers of Asian children born in the U.S. without citizenship.” She further stated, “We would be creating an undocumented population of Asians out of thin air.”

Parents on Temporary Visas

Many of these children would be born to parents from countries like India and China who are in the U.S. on student or work visas. Currently, roughly half of those on temporary visas eventually secure legal permanent residency and a pathway to citizenship. Eliminating birthright citizenship would remove this path for their children.

Nicole Kriesberg, an assistant professor of public policy at Penn State and another author of the study, emphasized that “This executive order would generate mixed-status families for Asians, where parents are here legally waiting for green cards and would have children akin to undocumented.” She added, “The U.S. would be recruiting people for these visas and depriving their children of citizenship.”

Global Context and Long-Term Consequences

The United States is one of at least 30 countries that automatically grant citizenship to anyone born within its borders, including children of foreign nationals on temporary visas and those lacking permanent legal status. In 2023, 51.3 million people in the U.S. were born in another country, with nearly half already citizens and 19% lawful permanent residents.

Experts warn that ending birthright citizenship could create a multi-generational underclass of U.S.-born children without full rights. A brief filed with the Supreme Court by 141 scholars argued that Trump’s order would “cause great harm” to children, families, communities, and the U.S. economy, potentially destabilizing labor markets and communities.