Tuesday Immigration Update

On June 28, 2025, the United States Supreme Court issued a historic ruling that significantly narrows the application of birthright citizenship. In a 5–4 decision, the Court held that children born in the United States to undocumented parents are not automatically granted U.S. citizenship under the Fourteenth Amendment. This decision departs from more than a century of legal precedent and has immediate and long-term consequences for immigrant communities across the country.

What Does This Mean?
The Court reinterpreted the phrase "subject to the jurisdiction" in the Citizenship Clause of the Fourteenth Amendment. The majority opinion concluded that individuals who are present in the country unlawfully are not fully subject to U.S. jurisdiction for the purposes of birthright citizenship.
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As a result:

• Children born in the United States to undocumented parents may no longer receive automatic citizenship
• Citizenship decisions will now depend on the immigration status of the parents at the time of birth
• Families may face uncertainty, legal battles, and the possibility of statelessness

Impact on Adults Born in the United States to Undocumented Parents
While the decision directly affects new births going forward, it also raises serious concerns about the status of adults who were born in the United States to undocumented parents and have lived their entire lives as U.S. citizens.

These individuals may:

• Face scrutiny when renewing or applying for U.S. passports or other federal documents
• Encounter legal challenges to their citizenship status in certain states or administrative contexts
• Be at risk of having their citizenship questioned or denied in future legal or political proceedings

It is important to note:

• The ruling does not automatically revoke anyone’s existing citizenship
• No federal agency has yet issued guidance on retroactive enforcement
• Legal experts expect future litigation to clarify the decision’s reach

Adults in this situation should:

• Retain copies of all documentation, including birth certificates, passports, and social security records
• Seek legal advice if they are denied benefits or documents based on citizenship questions
• Monitor legal developments and potential administrative changes related to enforcement

Why This Matters
This decision shifts the legal understanding of the Fourteenth Amendment and challenges long-held assumptions about who qualifies as a U.S. citizen by birth. Civil rights advocates warn that this change may result in:

• The rise of a legally vulnerable population born on U.S. soil
• Increased family separation and long-term legal uncertainty
• A breakdown of equal protection and due process guarantees

The ruling also raises pressing questions about:

• The original intent behind the Citizenship Clause
• The federal government’s obligations under international human rights agreements
• State and federal roles in defining and documenting citizenship

What You Can Do
If you or your family could be affected:

• Stay informed about your rights and any changes in law or policy
• Keep all birth and immigration-related documents safe and accessible
• Consult a qualified immigration or constitutional attorney if your citizenship is challenged

📩 For legal guidance and up-to-date information, contact the Law Office of Julia L. Stommes at [email protected].

If you have questions about your visa status or if you are an employer exploring immigration options, we are here to help.  At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate complex legal landscapes.
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The information provided in this blog is intended for general informational purposes only and should not be construed as legal advice.  To schedule a Consultation to discuss your legal immigration options, please email us at [email protected].