Citizenship and Immigration Services, or USCIS, has released implementation plans to end birthright citizenship.
Under the 14th Amendment, U.S. citizenship is automatically grants to people born here, regardless of where their parents are from.
President Donald Trump issued an executive order ending that right on Day 1. It was swiftly challenged in a handful of lawsuits brought by Arizona and 21 other states. This month, despite a court order blocking implementation, USCIS issued guidance for how it would be done.
Jose Patiño is the vice president of education and external affairs at Aliento, a Phoenix-based advocacy group that works with immigrant students and families. He says Aliento has been getting questions about the executive order since it was introduced in January.
“A lot of families are worried, especially those who are in the early stages of pregnancy, because they fear that at some point in time, soon, their children could be stateless,” Patiño said.
The USCIS document says children whose parents have temporary legal status — like DACA or Temporary Protected Status — would not be granted birthright citizenship, but may be able to apply for the same immigration status their parents have.
Children who have undocumented parents would also not be granted U.S. citizenship through birthright under the guidance.
Arizona’s Kris Mayes was one of 20 attorneys general who urged the Supreme Court to preserve birthright citizenship in May. The most recent ruling in the case happened earlier this month and blocks nationwide implementation of any part of the executive order.
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