Under the 14th Amendment, the U.S. has long awarded automatic citizenship to any child born on its soil, including those born to undocumented immigrants. This policy, sometimes referred to as “birthright citizenship,” remains in place under the Biden administration. Although the administration has enacted changes in immigration policy, this constitutional provision is still in effect. While birthright citizenship offers numerous benefits and aligns with American ideals of equality and opportunity, it also presents challenges, especially in today’s complex immigration environment.
Let’s explore the good, bad, and ugly sides of birthright citizenship for the children of undocumented immigrants.
The Good
- Upholding American Ideals
Birthright citizenship is deeply tied to American values of equality, opportunity, and fairness. It reinforces the idea that all individuals, regardless of their parents’ legal status, deserve a fair chance at citizenship if born on U.S. soil. It reflects the country’s founding principles of inclusivity and provides children with the same rights and opportunities as any other citizen. This policy prevents the formation of a stateless underclass, which could lead to significant social and economic problems. - Constitutional Protection
The 14th Amendment ensures that children born in the U.S. are automatically granted citizenship. This protection, rooted in the aftermath of the Civil War, was designed to guarantee rights to formerly enslaved people, but today it extends to everyone born within the country’s borders. Amending this would require substantial legal changes, which would be a complex and politically charged process. - Social Integration
Children born to undocumented immigrants are more likely to be integrated into American society, attend U.S. schools, and become productive members of the workforce. By granting them citizenship, the U.S. ensures they can fully participate in civic life and contribute to the economy, paying taxes and helping to build stronger communities.
The Bad
- Potential for Abuse
Critics argue that birthright citizenship may incentivize “birth tourism” or encourage undocumented immigrants to cross the border specifically to give birth on U.S. soil, ensuring their child gains automatic citizenship. Although the parents themselves do not automatically gain any legal status, they may hope their child’s citizenship will eventually benefit them through family reunification programs. While this is rare, it fuels the debate over whether the system is being exploited. - Increased Strain on Resources
Granting automatic citizenship to children of undocumented immigrants has financial implications. Public services like education, healthcare, and social safety nets are extended to all citizens, including those born to undocumented parents. Critics argue that this places an additional strain on resources, especially in states with high immigration rates, such as Texas and California. These states face mounting costs associated with providing public services to a growing population of children with undocumented parents. - Encouraging Illegal Immigration?
There is concern that birthright citizenship could act as a pull factor for undocumented immigrants, encouraging them to enter the U.S. in hopes of having children who would automatically become citizens. While the parents do not receive immediate legal benefits, the long-term potential for family reunification (once the child turns 21) could motivate individuals to cross the border. Critics believe this undermines the rule of law and the integrity of the U.S. immigration system.
The Ugly
- Polarization of the Debate
The conversation surrounding birthright citizenship has become deeply politicized and polarized. Terms like “anchor babies” are often used pejoratively, casting children of undocumented immigrants in a negative light. This rhetoric can dehumanize individuals and create further division in the immigration debate. The social and political fallout from such language fuels anti-immigrant sentiment, making it more difficult to have constructive discussions about potential reforms. - Long-Term Legal Battles
Any effort to change or end birthright citizenship would result in intense legal challenges. The 14th Amendment has been interpreted by courts to apply broadly, and any attempt to reinterpret or amend it would likely face strong opposition. This could lead to years of political and legal battles, creating uncertainty for millions of people and contributing to further instability in the immigration system. - Impact on Families
Without birthright citizenship, children born in the U.S. to undocumented parents could face statelessness, leaving them in legal limbo. Families could be torn apart by differing legal statuses, where a child is a citizen but their parents are not, leading to deportation risks and deep emotional and financial strain on the family. This would create a humanitarian crisis and exacerbate existing issues within the immigration system.
Conclusion
The continuation of birthright citizenship under the Biden administration aligns with constitutional protections and American ideals of fairness and equality. However, it comes with challenges, including concerns about resource allocation and the potential for abuse. While the idea of changing or limiting birthright citizenship is discussed, the complexities of doing so — legally and socially — are immense. Balancing the good, the bad, and the ugly in this debate requires thoughtful discussion and a careful approach to immigration reform that considers both American values and the country’s legal framework.
References:
- U.S. Constitution, 14th Amendment.
- Migration Policy Institute, “Immigration Trends and Policies,” 2022(Migration Policy Institute).
- PolitiFact, “Key Facts about Immigration Data,” 2023(PolitiFact).

