Pregnant Cuban woman fears for her baby's citizenship in the United States

A pregnant Cuban migrant, who is 30 weeks along, faces an added distress to her high-risk pregnancy: she fears that her baby will not obtain U.S. citizenship if an executive order from President Donald Trump goes into effect, which aims to restrict birthright citizenship for children of undocumented or temporary immigrants.

"I am very scared that my baby will be born without citizenship, because they would not be a citizen of this country. Applying for Cuban citizenship is not an option because we are fleeing from that country," said The Associated Press the woman, who identified herself only as Bárbara.

"I really don't know what future awaits my baby. I'm terrified that they will be born without citizenship. It would be like being stateless. It's terrible," he added.

The 35-year-old woman currently resides in Kentucky, one of the states that has not participated in the lawsuits against Trump's executive order, which leaves her particularly vulnerable if the Supreme Court rules in favor of the government.

The legal threat and its possible impact

So far, federal courts in several states have blocked the executive order, but the Trump administration requested the Supreme Court to limit these rulings solely to direct plaintiffs, which would pave the way for children born under similar circumstances in states like Kentucky to possibly not be recognized as citizens.

This could result in a "confusing mosaic" of regulations depending on the state, creating situations where two babies born in the same hospital on the same day could have different legal statuses.

Barbara, who worked as a lawyer in Cuba, fled the country in 2022 with her husband, her four-year-old daughter, and her parents, escaping religious persecution.

Currently, the entire family is seeking political asylum in the United States. They have joined the Asylum Seeker Defense Project, one of the groups that has filed legal lawsuits for the right to citizenship by birth, which could provide them with some judicial protection.

"I wouldn't want my daughter to grow up in a society that excludes her. As a citizen, she will have many rights. I don't know exactly how many places she wouldn't be able to access if she weren't a citizen," said Bárbara.

The dispute over the Fourteenth Amendment

The order from Trump seeks to reinterpret the Fourteenth Amendment of the Constitution, which states: "All persons born or naturalized in the United States, and subject to its jurisdiction, are citizens of the United States and of the State in which they reside."

Since 1898, following the ruling in the Wong Kim Ark case, this clause has been interpreted to guarantee citizenship to anyone born on U.S. soil, regardless of the parents' immigration status, with exceptions for diplomats or enemies during hostile occupations.

Trump and his allies argue that those who are in the country illegally or temporarily are not "subject to the jurisdiction" of the United States, and therefore their children should not automatically obtain citizenship.

In his order, Trump described birthright citizenship as "an invaluable and profound gift."

A legal battle with national implications

In its appeals to the Supreme Court, the Department of Justice has focused its argument on narrowing the national scope of the injunctions issued by federal judges, which it describes as excessive.

"The need for this Court's intervention has become urgent, as universal court orders have reached tsunami-level proportions," wrote Attorney General D. John Sauer.

Of the nine judges on the high court, at least two - Clarence Thomas and Neil Gorsuch - have expressed their opposition to nationwide injunctions. Other judges may be inclined to reconsider this practice.

However, the Attorney General of New Jersey, Matt Platkin, who is leading one of the lawsuits against the order, believes that this is not the appropriate case to debate such injunctions, as the executive order signed by Trump in January openly contradicts established jurisprudence.

"I believe this is a very imperfect vehicle for raising the issue of precautionary measures at the national level... because it is evident that the Fourteenth Amendment applies uniformly across all states if one is born here," he stated.

Beyond Citizenship

Birthright citizenship is just one of several immigration policies that the Trump administration is attempting to impose through emergency measures.

Other proposals include eliminating humanitarian parole for more than 500,000 people from Cuba, Haiti, Nicaragua, and Venezuela, and withdrawing temporary legal protections for approximately 350,000 Venezuelans.

Moreover, the government continues to face legal disputes over its attempts to use an 18th-century law—the Foreign Enemies Act—to quickly deport alleged gang members to a prison in El Salvador.

For now, Barbara continues to wait between medical appointments and asylum paperwork, while the Supreme Court decides whether her daughter, born on U.S. soil, will be recognized as a full citizen.

Frequently Asked Questions About Birthright Citizenship in the United States