New parents have plenty to worry about. From a new baby’s health to its happiness, the parents of a new life have a lot on their plate. One thing that they shouldn’t worry about, however, is whether the very act of adding to their family is a crime.
It is not a crime for undocumented parents to have a baby in the United States. The U.S. Constitution guarantees birthright citizenship to anyone born on U.S. soil, regardless of their parents’ immigration status. This protection is established under the 14th Amendment, which affirms that all individuals born in the United States are U.S. citizens if they are subject to its jurisdiction.
Many undocumented immigrants fear legal consequences for starting or expanding their families while living in the U.S. without lawful status. However, having a child here does not violate any criminal law. The act of giving birth itself is not tied to immigration enforcement. U.S. hospitals and healthcare providers have not traditionally reported individuals to immigration authorities simply because they are undocumented and seeking maternity care.
And yet…
With all of this said, while giving birth in the U.S. is not a crime, parents’ undocumented status can still create legal challenges. For instance, an undocumented parent may still be at risk of deportation if they come into contact with immigration enforcement, regardless of whether they have a U.S.-born child. A child’s citizenship status does not automatically confer legal status to their parents. However, it may become relevant later when the child turns 21 and is eligible to sponsor a parent for lawful permanent residency.
It is also important to dispel the myth that having a child in the U.S. will shield undocumented parents from deportation. While Immigration and Customs Enforcement (ICE) has, at times, prioritized certain removals over others, simply being the parent of a U.S. citizen child does not offer guaranteed protection. Each case is fact-specific, and immigration relief—such as deferred action or cancellation of removal—may depend on multiple factors, including length of presence, ties to the community and lack of a criminal record.
Finally, it is important to understand that times are changing. Birthright citizenship is an issue being scrutinized by the courts right now. Those with questions about the law as it evolves are always welcome to seek personalized legal guidance and counsel accordingly.