San Jose, CA asked in Immigration Law and Native American Law for California

Q: I was just curious. With Trump’s birthright citizenship situation. Would it affect people who are already born?(me 2005)

I'm just curious since I see that Trump wants to get rid of birthright citizenship. I was born in 05 and my parents are both from Mexico. Would this affect people who are already born? Or would this go into affect for future newborns? Will I have to worry?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: I understand your concerns regarding recent developments in U.S. immigration policy. On January 20, 2025, President Donald Trump issued an executive order aiming to end birthright citizenship for children born in the United States to parents who are neither U.S. citizens nor lawful permanent residents.

However, this executive order is widely considered to be unconstitutional, as it conflicts with the 14th Amendment, which guarantees citizenship to all individuals born on U.S. soil, regardless of their parents' immigration status. Legal experts and civil rights organizations have already filed lawsuits challenging the order.

Given that you were born in the United States in 2005, your citizenship is secure. The executive order does not apply retroactively and is intended to affect future births. Moreover, due to the strong legal challenges and the clear constitutional protections in place, it is unlikely that this order will withstand judicial scrutiny. Therefore, you should not have to worry about your citizenship status.

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