Note: Wendy Cervantes was interviewed for an NPR story about the birthright citizenship case being considered by the U.S. Supreme Court. Listen to the radio interview here and read the digital story here. 

By Wendy Cervantes

For generations, a baby born in the United States has entered the world with a clear and immediate recognition of citizenship. From the moment of birth, that recognition helps establish access to care, services, and stability during the earliest and most critical phase of life.

As the Supreme Court prepares to hear arguments on April 1 about the executive order seeking to restrict birthright citizenship, that certainty is now in question. The executive order would deny birthright citizenship to babies born without at least one parent who is a U.S. citizen or legal permanent resident. Although federal courts have blocked the order from taking effect, the case now moves to the Supreme Court.

A recent child-focused amicus brief joined by CLASP highlights the immediate and long-term harms to children if birthright citizenship is restricted. These impacts begin before birth and continue through the earliest stages of life, shaping outcomes across a child’s life trajectory. Among research highlighted by the amicus brief is analysis of what this would mean during key developmental periods:

• Prenatal. Birthright citizenship matters even before a baby is born. Policies that introduce fear and uncertainty can discourage families from seeking prenatal care or hospital-based delivery. When people who are pregnant face environments shaped by fear and uncertainty, research shows an association with delayed or reduced prenatal care, which can lead to worse birth outcomes and increased health risks for both mothers and infants. As highlighted in the amicus brief: “Without birthright citizenship, noncitizen mothers are less likely to seek prenatal care and to give birth in a hospital—where the mother’s citizenship may be asked about.” These effects begin during pregnancy, shaping the conditions into which a child is born.
• Birth. The days and weeks following birth are equally critical. Newborns rely on early screenings, vaccinations, and consistent medical care for their healthy development. When access to such medical care is delayed or disrupted, the effects can carry forward into later stages of childhood. Citizenship plays a key role in enabling access to essential supports, including health care, nutrition assistance, and housing stability. These supports are particularly important in the earliest months of life, when consistent access to care and nutrition is critical. When policies restrict recognition of citizenship, they can create barriers to enrollment and gaps in care. The amicus brief explains how even short delays in accessing services during infancy can have lasting consequences for health and development. 
• Infancy. The first months of life are a foundational period for brain development. Stable environments, consistent care, and access to resources support cognitive and emotional growth. Conversely, prolonged stress and instability can affect how children develop. Policy-driven uncertainty can increase stress within households, which in turn affects children’s development. The amicus brief describes how chronic stress in early childhood is associated with long-term impacts on emotional regulation, memory, and overall health. This type of stress is not temporary. It can shape developmental pathways during a period when children are most sensitive to their environments. A birth certificate granted by birthright citizenship also provides a framework for legal identity and documentation. Policies that deny or delay recognition of citizenship can result in children lacking clear legal status or facing barriers to obtaining documentation, rendering them stateless. In some cases, this can increase exposure to immigration enforcement systems and create uncertainty around a child’s legal standing. This uncertainty can affect access to services, mobility, and long-term stability beginning in early childhood.

A System That Changes Birth for Every Family

These impacts unfold across early childhood, but the policy changes would also reshape the conditions surrounding birth for more than just children of immigrants. Restricting birthright citizenship would require all parents–regardless of their citizenship status–to navigate new documentation and verification processes to establish a child’s citizenship at birth, adding an additional burden on new parents. This represents a shift from an automatic recognition of citizenship based on birth to a system that requires verification, leading to increased bureaucracy for hospitals and families. Families with fewer resources, limited access to documentation, or language barriers may face additional challenges in navigating these processes. As a result, the conditions surrounding birth itself would change, with potential implications for how all families access care and services in the earliest stages of a baby’s life.

Ultimately, this case is about what babies experience from the very start of life. The first days, months, and years are foundational, and policies that introduce uncertainty, fear, and administrative burdens at that stage carry lasting consequences. Birthright citizenship as enshrined in the U.S. Constitution has ensured the clarity and stability babies and their families need, and those protections should remain.