The Supreme Court is considering a case with the potential to narrow or eliminate birthright citizenship, a right enshrined in the 14th Amendment and affirmed by the court 128 years ago. This case could have a substantial impact on hundreds of thousands of children each year, affecting their access to vital education and social services.

The Core of the Debate

The legal challenge centers on whether the “privilege” of birthright citizenship, as outlined in the 14th Amendment, has been applied too broadly to children of non-citizens. President Trump stated, “Hundreds of thousands of people are pouring into our country under birthright citizenship, and it wasn’t meant for that reason.”

Potential Impact on Children

If the court were to overturn or limit birthright citizenship, the change would apply to children born on or after February 20, 2025. Estimates from the nonpartisan Migration Policy Institute and Penn State suggest this could result in approximately 255,000 U.S.-born children annually being born without U.S. citizenship. By 2045, this number could rise to 4.8 million children.

Education and Access to Services

Advocates emphasize the importance of birthright citizenship for child wellbeing. Wendy Cervantes of The Center for Law and Social Policy, a nonpartisan organization, explains, “Birthright citizenship is fundamental for child wellbeing. It has helped ensure that all children in the U.S. can start off life with some sort of equal footing and opportunity.”

K-12 Education Rights

All children, regardless of immigration status, have the right to a free K-12 public education in the United States. This right was affirmed in a 1982 Supreme Court ruling that determined Texas could not deny education to children living in the U.S. unlawfully. The justices recognized that denying education would create a “permanent underclass.”

Concerns About Data Collection and Enrollment

Despite the established right to education, immigrant advocates express concern that a ruling on birthright citizenship could lead to increased scrutiny. Alejandra Vázquez Baur, co-founder and director of the National Newcomer Network, warns of a “playbook” for state legislatures to restrict access. Some states, like Tennessee, are already considering legislation to track students’ legal status and potentially deny enrollment to undocumented students.

Impact on School Attendance and Funding

Research indicates that increased immigration enforcement can negatively impact school attendance, with some areas experiencing a 20-40% increase in absences. Immigration raids have also been linked to decreased attendance. Schools rely on daily student attendance and overall enrollment for funding, so declines in these areas can have financial consequences.

Access to Support Services

Schools often serve as a primary point of access to essential services like free meals, mental health support, and special education services. Sophia Rodriguez, a professor at New York University, notes that immigrant families often rely on schools as their first point of contact with public services.

Medicaid and Special Education

Schools also utilize Medicaid funding to provide services like physical, speech, and occupational therapy. While schools are legally obligated to serve children with disabilities under the Individuals with Disabilities Education Act (IDEA), eliminating birthright citizenship could jeopardize Medicaid eligibility for some children, potentially shifting costs to school districts. Anne Dwyer, a professor at Georgetown University’s Center for Children and Families, explains this could create “huge cost shifts to districts.”

Higher Education Implications

While K-12 education is guaranteed, access to higher education is not. Students without legal status are ineligible for federal financial aid and may face higher tuition costs or outright bans at public colleges in some states. Caitlin Patler, a professor at UC Berkeley, emphasizes that U.S. citizenship is directly linked to educational attainment and future economic contributions. She warns of a potential “cascading ripple effect” that could create a “caste-like status” for children without citizenship.