The right to acquire U.S. citizenship by birth is a fundamental aspect of American law, protected under the 14th Amendment. However, debates and legal challenges have shaped its interpretation over the years. In 2025, discussions on birthright citizenship continue, making it vital for individuals to understand their rights and the role of a citizenship lawyer in navigating complex legal issues.
This article delves into the legal foundation of birthright citizenship, recent policy discussions, and why legal assistance is crucial for those seeking to establish their citizenship status.
Understanding Birthright Citizenship in the U.S.
Birthright citizenship in the United States is primarily governed by the 14th Amendment to the Constitution, which states:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.”
This means that any child born on U.S. soil is automatically granted citizenship, regardless of the parents’ immigration status, except for specific exceptions (such as children of foreign diplomats).
Legal Basis for Birthright Citizenship
- 14th Amendment (1868): Established citizenship by birth on U.S. soil.
- United States v. Wong Kim Ark (1898): Confirmed that children born in the U.S. to non-citizen parents are U.S. citizens.
- Immigration and Nationality Act (INA): Further codifies birthright citizenship rules.
Challenges to Birthright Citizenship in 2025
While birthright citizenship has long been settled law, political debates and legal challenges continue.
Policy Changes and Proposals
- Executive Orders or Legislation Attempts: Some policymakers have sought to restrict birthright citizenship, arguing that it should not apply to children of undocumented immigrants.
- Court Challenges: Lawsuits and legal debates often emerge, questioning the interpretation of the 14th Amendment.
- State-Level Actions: Certain states have attempted to pass laws challenging automatic citizenship, though these often face federal constitutional hurdles.
Why Birthright Citizenship Remains Crucial
- Provides individuals with legal protection, rights, and access to government benefits.
- Prevents statelessness and ensures national identity.
- Strengthens America’s diverse population and economy.
The Importance of Hiring a Citizenship Lawyer
Given the complexities surrounding birthright citizenship and immigration laws, hiring a citizenship lawyer can be invaluable. A lawyer ensures that individuals facing legal challenges or documentation issues receive proper guidance and representation.
Key Roles of a Citizenship Lawyer
| Service | Description |
| Legal Advice | Provides clarity on birthright citizenship and immigration policies. |
| Documentation Assistance | Helps individuals obtain birth certificates, passports, and other proof of citizenship. |
| Representation in Court | Defends clients in legal disputes regarding citizenship status. |
| Appealing Denials | Assists in challenging wrongful denials of citizenship rights. |
| Handling Complex Cases | Supports children of undocumented immigrants or individuals with unclear legal status. |
When Should You Consult a Citizenship Lawyer?
- If your citizenship status is questioned by immigration authorities.
- If you need legal proof of your citizenship for documentation purposes.
- If facing legal disputes related to birthright citizenship.
- If you are at risk of deportation despite being born in the U.S.
- If seeking dual citizenship or renunciation guidance.
How Santos Khoury Can Help You
At Santos Khoury we specialize in immigration and citizenship law, ensuring that your legal journey is as smooth as possible. Our experienced lawyers provide expert guidance in securing your U.S. citizenship, handling documentation, representing clients in legal disputes, and assisting in complex cases. Whether you need help proving your citizenship, obtaining legal status, or appealing a denial, our professional legal team is ready to support you every step of the way.
Can Parents Obtain Citizenship Through Their Children?
One of the most frequently asked questions regarding U.S. immigration law is whether parents can obtain citizenship through their children. While having a U.S.-born child does not automatically grant citizenship to the parents, there are legal pathways available:
- Petition for Green Card (Legal Permanent Residency): A U.S. citizen child can sponsor their parents for a green card, but only after turning 21 years old.
- Family-Based Immigration: After obtaining a green card, parents can apply for U.S. citizenship through naturalization, typically after five years of legal residency.
- Deferred Action or Protections: In some cases, parents may qualify for certain immigration relief programs that provide temporary legal status but not direct citizenship.
While a child’s birthright citizenship does not immediately impact parental status, it can be a long-term legal advantage for families seeking lawful residency in the U.S.
Steps to Acquire Citizenship Documentation
If you were born in the U.S. and need proof of your citizenship, follow these steps:
- Obtain a Birth Certificate: Request an official copy from the vital records office in your birth state.
- Apply for a U.S. Passport: The U.S. passport serves as proof of citizenship.
- Request a Certificate of Citizenship (if needed): If additional documentation is required, file Form N-600 with USCIS.
- Seek Legal Assistance: If facing difficulties, consult a citizenship lawyer for guidance.
Conclusion
The right to acquire citizenship by birth in the U.S. is a cornerstone of American identity. Despite ongoing debates and challenges, birthright citizenship remains protected under constitutional law. However, individuals facing legal issues related to their citizenship status should seek professional legal assistance. A citizenship lawyer plays a crucial role in ensuring rightful claims, documentation, and legal protection. If you or someone you know is facing citizenship-related concerns, consulting a qualified attorney is the best step toward securing their rights.
FAQs
1. Can birthright citizenship be revoked?
No, once granted, U.S. citizenship cannot be revoked unless obtained fraudulently.
2. Does birthright citizenship apply to children of undocumented immigrants?
Yes, as affirmed by Supreme Court rulings, any child born on U.S. soil (except those of diplomats) is a citizen.
3. How much does a citizenship lawyer cost?
Costs vary but typically range from $500 to $5,000, depending on case complexity.
4. Can I apply for a passport if my citizenship is questioned?
Yes, a U.S. passport serves as proof of citizenship. If denied, legal assistance may be needed.
5. What happens if my birth record is missing or incorrect?
A lawyer can assist in correcting records or obtaining alternative proof of citizenship.
6. Can parents gain legal status through their U.S. citizen child?
Yes, but only when the child turns 21 and petitions for the parents to receive a green card. This does not automatically grant citizenship to the parents.
7. Can a citizenship lawyer help with deportation cases?
Yes, a citizenship lawyer can represent individuals in deportation proceedings and help argue their legal status.
8. Can someone born in U.S. territories obtain birthright citizenship?
It depends on the territory. People born in Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands are U.S. citizens at birth. Those born in American Samoa are considered U.S. nationals.
9. What is the difference between a birth certificate and a Certificate of Citizenship?
A birth certificate proves birth in the U.S., while a Certificate of Citizenship is issued to individuals who obtained citizenship through their parents but were born abroad.
10. Can dual citizenship affect my U.S. citizenship?
No, the U.S. allows dual citizenship. However, it’s essential to understand the laws of the other country regarding dual nationality.
