Since assuming his second term as president of the United States, Donald Trump has set out to eliminate a right that had been established for over a century: birthright citizenship. This principle states that babies born on American soil are eligible for citizenship, regardless of their parents' origin or immigration status.

Last Friday, June 27th The Supreme Court issued a ruling that overturned various legal challenges to Trump's executive order.While birthright citizenship remains in effect in the country, the Supreme Court's decision paved the way for a very harmful change for immigrant communities.

Mariela García Amador, a lawyer specializing in immigration, spoke with Enlace Latino NC   to analyze the consequences of the Supreme Court's ruling.

“The important thing to understand is that the Supreme Court’s decision was not about birthright citizenship. That was not the legal question before them. The legal question was whether a district court can issue an injunction that binds all 50 states, and the Supreme Court determined that it cannot. Each state must pursue its own independent litigation, and only the Supreme Court has the authority to issue a decision that binds the entire United States,” the director of the court said. MGA Immigration Law.

North Carolina Immigration Guide

>>>Where to find organizations that provide legal assistance to immigrants

Enlace Latino NCHow does this ruling impact children of undocumented parents?  

Mariela García Amador:  It will depend on the state you're in. The order determined that district courts cannot issue a nationwide injunction, but only at the state level. Based on that, there are states in which the Executive Order has already been ruled unconstitutional, but in states where the courts haven't ruled, we have to consider what protections they provide to children.

ELNC: Can children born to undocumented parents become citizens?  

MGA: It depends on the state. In states where there are already precautionary measures, yes. In states where there aren't, we have to see what processes they put in place to protect minors, or whether they carry out the Executive Order. The government has 30 days to develop an implementation plan. 

ELNA: Does anything change if one of the parents has legal permanent residence? 

MGA: Supposedly so, since there is a case from the 1800s that already determined that children of Legal Permanent Residents born in the United States are American citizens. 

ELNC: Does the ruling have any impact on US citizens living abroad who have a child?  

MGA: Not at the moment.

More information on the Supreme Court's decision on birthright citizenship 

>>>Class-action lawsuit seeks to halt Trump's birthright citizenship decree

>>>Supreme Court ruling on birthright citizenship: What does it mean and how does it impact you?

>>> North Carolina joins lawsuit against Trump order to eliminate birthright citizenship

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What will happen to children of undocumented immigrants born in the U.S.? Immigration lawyer analyzes the Supreme Court ruling.

by Nicolas Baintrub, Enlace Latino NC
July 9, 2025

What will happen to children of undocumented immigrants born in the U.S.? Immigration lawyer analyzes the Supreme Court ruling. by Nicolas Baintrub, Enlace Latino NC July 9, 2025 Since assuming his second term as President of the United States, Donald Trump has sought to eliminate a right that had been in place for over a century: birthright citizenship. This principle grants babies born on U.S. soil the right to citizenship, regardless of their parents' origin or immigration status. Last Friday, June 27 , the Supreme Court issued a ruling that overturned several legal challenges against Trump's executive order . While birthright citizenship remains in effect in the country, the high court's decision opened the door to a change that would be very harmful to immigrant communities. Mariela García Amador, an immigration lawyer, spoke with Enlace Latino NCto analyze the consequences of the Supreme Court's ruling. “The important thing to understand is that the Supreme Court's decision was not about birthright citizenship. That wasn't the legal question before them. The legal question was whether a district court can issue an injunction binding all 50 states, and the Supreme Court ruled that it cannot. Each state must pursue its own independent litigation, and only the Supreme Court has the authority to issue a decision binding the entire United States,” said the director of MGA Immigration Law . North Carolina Immigration Guide >>> Where to find organizations that provide legal help to immigrants Enlace Latino NCHow does this ruling impact children of undocumented parents? Mariela García Amador: It will depend on the state in which they are located. The order determined that district courts cannot issue a preliminary injunction nationwide, but only at the state level. Based on that, there are states in which the Executive Order has already been ruled unconstitutional, but in states where the courts haven't ruled, we have to consider what protections they provide to children. ELNC: Can children born to undocumented parents become citizens? MGA: It depends on the state. In states where there are already precautionary measures, yes. In states where there aren't, we have to see what processes they put in place to protect minors, or whether they carry out the Executive Order. The government has 30 days to develop an implementation plan. ELNA: Does anything change if one of the parents has legal permanent residence? MGA: Supposedly so, since there is a case from the 1800s that already determined that children of Legal Permanent Residents born in the United States are American citizens. ELNC: Does the ruling have any impact on US citizens living abroad who have a child? MGA: Not at the moment. More information on the Supreme Court's decision on birthright citizenship >>> Class-action lawsuit seeks to stop Trump's birthright citizenship decree >>> Supreme Court ruling on birthright citizenship: What does it mean and how does it impact you? >>> North Carolina joins lawsuit against Trump's order to eliminate birthright citizenship This <a target="_blank" href="https://enlacelatinonc.org/que-pasara-con-los-hijos-de-indocumentados-que-nazcan-en-ee-uu/">article</a> first appeared on <a target="_blank" href="https://enlacelatinonc.org">Enlace Latino NCand is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License. PARSELY = { autotrack: false, onload: function() { PARSELY.beacon.trackPageView({ url: "https://enlacelatinonc.org/que-pasara-con-los-hijos-de-indocumentados-que-nazcan-en-ee-uu/", urlref: window.location.href }); } }

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