If the Supreme Court ends birthright citizenship, what will it mean for newborns? :npr

Bruce Leslie is angry at one dimension of the debate about birthright citizenship which he says is being completely ignored. “It’s in words: ‘Birthright’ citizenship – it’s about babies.”

leslie is the president of First focus on childrenA bipartisan advocacy group for children and families, which presented a amicus brief for case trump vs barbara The arguments will be held before the Supreme Court on Wednesday, April 1.

During the debate over the possible end of birthright citizenship recent congressional hearingLeslie heard about administrative challenges, historical context, and political allegiances. Regarding lawmakers and witnesses, he says, “The word ‘child’ does not come on their lips.”

He argues that this is a serious mistake. “This affects every child born in America,” he says.

What does birthright citizenship mean?

Right now, when a baby is born in a US hospital or birth center, that baby is automatically a citizen, with immediate access to support and services.

Pregnant women are eligible for Medicaid coverage in every state Regardless of their immigration status. This means prenatal visits, birth and postpartum visits. Medicaid currently pays for 40% of all births in the U.S. Health coverage during pregnancy means baby has the best possible chance of a healthy start, including automatic eligibility for Medicaid. first year of life. Despite this safety net coverage, maternal and child protection remains high in the US infant mortality rate Rates compared to peer countries.

an estimated 300,000 babies were born For parents without legal status in 2023. The change to birthright citizenship would affect all children, not just those born to immigrant families. All parents must prove their citizenship status in a bureaucratic process that does not yet exist. Federal data shows approximately 3.6 million children are born every year in America.

The early weeks of a newborn’s life are busy, even when the baby is born full term and healthy. “You have well-child visits and vaccinations and lots of appointments to make sure the child is developing properly and getting the services and care they need,” says Leslie.

For babies born with serious health conditions, the consequences of not having health coverage can be dire. Under the current system, parents and hospitals can be assured that medical treatment will be covered.

In addition, hospital staff help families with the paperwork needed to obtain a Social Security number for the child, as almost all babies born in the US are citizens and eligible for one. “They collect it and deposit it to Social Security on your behalf,” Leslie explains. That Social Security number is needed to officially enroll the child in health insurance, food benefits, and any other support services.

The American Hospital Association declined to comment on the case being argued before the Supreme Court. The American Medical Association and the American Academy of Pediatrics also declined to comment. If birthright citizenship were overturned, both hospitals and doctors would be required to change their practices and policies.

a potential burden of proof

Without birthright citizenship, the parents of every child born in the United States will need to establish their citizenship status to access these supports. Leslie says this would mean a break in the continuity of care that currently exists. “If you say, ‘Well, we don’t know whether the child is a citizen or not,’ then it’s highly questionable whether the children will get Medicaid, snap, WIC (food benefits), no access to these vital programs at the most vulnerable time in our lives,” he explains.

The process of establishing an infant as a citizen can be difficult and expensive in many cases.

“I believe there are approximately 10% of birth certificates where the father is listed as unknown,” Hannah Steinberga staff attorney for the ACLU Immigrant Rights Project said at a press conference last week. “Children in a situation where the (unnamed) father is a green card holder or a US citizen – the child will not get citizenship” even though they are entitled to it, she says.

She adds that there are also cases where children are found in the US, and the identities of both parents are unknown.

“The law actually says these children are U.S. citizens, but this executive order completely removes that and says, ‘No, it matters who your parents are,'” says Steinberg. “Our entire legal system is founded around this birthright citizenship guarantee – all of our administrative processes, state laws, local laws.”

President Trump issued an executive order on his first day in office seeking to limit birthright citizenship. Till now this has been banned in the lower courts. The Supreme Court will hear the case on April 1.

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Children born to same-sex couples, surrogates or couples using assisted reproductive technology may also have challenges establishing citizenship for their children, Leslie says, and so may married, heterosexual, U.S. citizen parents whose documents were lost in a home fire or some other disaster.

“It’s absolutely crazy that the government is asking for paternity tests and surrogacy documentation and whatnot,” says Leslie.

Birth and infant are already affected

Arturo Vargas Bustamantedirector of faculty research at the UCLA Latino Policy and Politics Institute, says maternal and child health is already being affected by the debate over birthright citizenship and other immigration policies of the Trump administration.

“When you feel scared and put off going to the doctor, there are significant consequences for not getting prenatal care in the future,” says Bustamante. “Your babies are more likely to suffer, for example, low birth weight, and this will ultimately have lifelong consequences.”

This has a particular impact on the Latino population, because “75% of children of non-citizen parents are Latino,” he says. That data was included in a Recent Policy Brief He wrote on the health and social consequences of ending birthright citizenship.