Supreme Court Case Could Transform Birthright Citizenship and Impact Education
The United States is on the verge of a significant legal turning point that could reshape the fundamental right to citizenship for children born on U.S. soil. Established by the 14th Amendment in 1868 and affirmed by the U.S. Supreme Court over a century ago, birthright citizenship is now under scrutiny. On Wednesday, the Supreme Court is set to hear oral arguments in the case of Trump v. Barbara that could potentially limit or eliminate this right. Learn more about the case.
The Trump administration contends that this “privilege” has been overly extended to the offspring of non-citizens. As President Trump stated last year, “Hundreds of thousands of people are pouring into our country under birthright citizenship, and it wasn’t meant for that reason.” Read more about the administration’s position.
If the court decides to revoke this constitutional right, it will affect children born from February 20, 2025, onwards. Projections by the Migration Policy Institute and Penn State estimate that this change could result in around 255,000 U.S.-born children each year starting life without citizenship, with numbers potentially reaching 4.8 million by 2045. Explore the projections here.
Wendy Cervantes from The Center for Law and Social Policy emphasizes, “Birthright citizenship is fundamental for child wellbeing.” She notes that it provides children with “equal footing and opportunity,” which is crucial for access to services like free meals, mental health support, and education for students with disabilities.
Public Schools and Immigration Status
All children have the right to a free K-12 public education in the U.S., regardless of immigration status, due to the 1982 Supreme Court ruling Plyler v. Doe. This decision prevents states from denying education funding to children living unlawfully in the U.S. However, there is concern among immigrant advocates that Plyler is becoming a political target. Read more about the potential challenges to Plyler v. Doe.
The Heritage Foundation has urged states to restrict public education for undocumented students and challenge the Plyler decision, citing significant costs in education spending. Tennessee lawmakers and other states are proposing legislation that could challenge this ruling. If enacted, such laws might lead to legal battles about the educational rights of immigrant children.
The Impact of Immigration Enforcement
Increased immigration enforcement can negatively affect school attendance. For example, Minnesota saw a 20-40% increase in absences following heightened federal immigration presence. Similar trends were observed in California’s Central Valley, where immigration raids led to a 22% rise in student absences. Details on the impact in Minnesota.
Sophia Rodriguez from New York University highlights the stress immigrant families experience, which could worsen if birthright citizenship is narrowed. Fear of enforcement can deter parents from sending their children to school, affecting their access to necessary services.
Challenges for Students with Disabilities
Schools are critical for identifying disabilities and providing essential services. The Individuals with Disabilities Education Act (IDEA) ensures all children with disabilities receive a “Free Appropriate Public Education.” However, if birthright citizenship ends, children may lose Medicaid eligibility, which aids in funding these services. Learn more about Medicaid’s role in education.
Anne Dwyer from Georgetown University warns that losing Medicaid funding could strain already tight school district budgets, which must still comply with IDEA mandates.
Higher Education Barriers
While K-12 education is accessible to all, higher education presents more challenges. Undocumented students can’t receive federal financial aid, making college unaffordable for many. Some states prohibit undocumented students from attending certain public colleges or charge them higher tuition. Learn about the Pell Grant shortfall.
Caitlin Patler from UC Berkeley notes that U.S. citizenship is linked to higher educational attainment and economic contributions. She cautions that narrowing or eliminating birthright citizenship could create a “caste-like status,” limiting opportunities based on immigration status rather than potential.
Edited by: Nicole Cohen
Visual design and development by: LA Johnson
