The Hidden Costs of Ending Birthright Citizenship: A Looming Crisis for Children and Families
By Arvin Amatorio, Esq., Mayor of Bergenfield, NJ
The debate over birthright citizenship, a cornerstone of American identity, has resurfaced with calls to end the practice. President Trump, upon assuming his second term, fulfilled his promise to end this more than century-old practice enshrined in the U.S. Constitution. While much of the discourse centers on national sovereignty and immigration control, little attention has been paid to the immediate, life-altering consequences for the most vulnerable: children born in the United States to non-citizen parents. If an executive order (EO) were to end birthright citizenship, the ripple effects on these children’s rights and access to services would be profound, chaotic, and far-reaching.
As both an immigration attorney and a mayor, I have witnessed firsthand the critical role that birthright citizenship plays in shaping the lives of countless families in our community. For many immigrants, the birth of a child in the United States represents a moment of hope, a chance for their family to fully belong and contribute to the country they now call home. But what happens if that promise is taken away?
A Personal Perspective on Legal Limbo
One of my earliest clients as an attorney was a young couple from India. They had come to the U.S. on temporary visas, so they decided to stay and later obtained a non-immigrant work visa. They worked tirelessly to build a better future for their children. When their first child was born, they felt an overwhelming sense of relief, knowing that their baby was a U.S. citizen gave them hope that, even if they struggled, their child would have opportunities they never had.
Now imagine that same family in today’s climate. Under a policy ending birthright citizenship, that child would not automatically be a citizen. They need to become at least a permanent resident when their child is born and become eligible as a US citizen. In today’s timeline, Indian nationals must wait for about 12 years before their permanent resident application is acted upon. Instead of a moment of hope, the birth of their child would bring fear, uncertainty, and overwhelming challenges.
Legal scholars argue that ending birthright citizenship would require more than an executive order. Since the right is rooted in the 14th Amendment, which guarantees that “all persons born or naturalized in the United States are citizens,” changing this principle would likely necessitate a constitutional amendment. However, this legal battle would almost certainly land before the Supreme Court. Given the Court's conservative majority and its prior deference to President Trump’s controversial policies, there is a real possibility that the justices could interpret his EO as sufficient to redefine the law.
This is not a hypothetical scenario, it is a reality that could affect millions of families, many of whom contribute to the fabric of our towns and cities. As mayor of a diverse community, I see every day how immigrants strengthen our economy, our schools, and our neighborhoods. Ending birthright citizenship would not only harm these families but also tear at the social fabric that makes communities like Bergenfield thrive.
Access to Rights and Services: A Tangible Crisis
Ending birthright citizenship would jeopardize access to essential rights and services for children born to non-citizen parents, reshaping their futures in profound ways. As both an attorney and a local leader, I know the devastating impact these barriers can have.
Public Education: I’ve spoken to families in my community who are now hesitant and are scared for their children in school out of fear of deportation or legal scrutiny. If birthright citizenship is revoked, that fear will only intensify. Children—regardless of their potential—might be kept out of the classroom, robbing them of the chance to achieve their dreams and contribute to society.
Healthcare: Programs like the Children’s Health Insurance Program (CHIP), which ensure that no child goes without medical care, would no longer be accessible to children without citizenship. This would leave children vulnerable to preventable illnesses and increase public health risks, especially in diverse communities like Bergenfield, where access to healthcare is already a challenge for many immigrant families.
Social Safety Nets: I meet families who rely on programs like SNAP or housing assistance to make ends meet. Without these safety nets, food insecurity and homelessness would skyrocket, deepening inequality and putting even greater strain on local governments and nonprofits trying to fill the gaps.
The Personal and Economic Burden on Families
For families, the administrative chaos that would follow such a policy change cannot be overstated. Imagine a mother, herself a U.S. citizen, being told that her child does not qualify for citizenship without extensive documentation proving her own status. For families with non-citizen parents, securing an alternative nationality for their child would be prohibitively expensive and fraught with uncertainty. I’ve seen families spend years, and their life savings, trying to resolve similar issues. Many simply give up, leaving their children in a legal gray area that affects their ability to study, work, and build a stable future.
These challenges would not only hurt families but also damage the economy. Without access to Social Security numbers, children without citizenship would be excluded from legal employment, forcing them into the shadows of the informal economy. Employers, wary of legal complications, might avoid hiring individuals with unclear status, further restricting economic mobility and reducing local tax revenues.
A Fractured National Identity
Beyond the logistical and social consequences, ending birthright citizenship would fundamentally alter the fabric of American society. For centuries, birthright citizenship has symbolized equality and inclusion, a promise that anyone born on U.S. soil is part of the national community. Revoking this promise would not only harm those directly affected but also send a message to the world that America is retreating from its values.
In my role as mayor, I often reflect on the diverse backgrounds of my constituents. Bergenfield is a microcosm of America, a place where immigrants and their children contribute to our schools, our economy, and our shared future. Ending birthright citizenship would undermine that unity, creating divisions and deepening inequality at a time when we need to come together.
The Core of What It Means to Be American
As an immigration attorney, I’ve seen the relief and hope that birthright citizenship brings to families. As a mayor, I see how it strengthens our communities and helps us build a better future together. Ending birthright citizenship might be framed as a tool for immigration control, but its real cost would be borne by children, families, and the very fabric of American society.
While immigration reform is necessary, it must address pressing issues like border security, removing individuals with criminal records, and fixing the asylum system. These are challenges we can tackle together, with bipartisan support. But ending birthright citizenship would create a generation of individuals denied the rights and opportunities guaranteed to previous generations, deepening inequality and tearing at the heart of our national identity.
The stakes are far greater than a policy debate; they touch the core of what it means to be an American. We must decide whether we will uphold the promise of equality and inclusion or retreat from the values that have defined us for generations. For the families in our community, for the children who represent our future, and for the principles we hold dear, the answer must be clear.
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