If you’re born on U.S. soil, you’re automatically a U.S. citizen – even if your parents are not.
Over the last few decades, the term “anchor baby” surfaced as a disparaging way of referring to a domestic-born child of undocumented immigrants. Birthright citizenship is based on the 14th Amendment to the U.S. Constitution, but the implications for the immigrant parents of these children are deeply misunderstood by many.
There’s no immediate protection from deportation
Having a child who was born in the U.S. does not grant undocumented parents any immediate protection from deportation. Immigration and Customs Enforcement (ICE) can – and has – forced parents to either take their child back to their home country or leave their U.S.-born children behind in the care of relatives or the state.
The U.S.-born children of undocumented immigrants can sponsor their parents for legal residency – but the parents are in for a long wait. A child has to be at least 21 years of age to initiate the process, and there are no guarantees. There are background checks that have to be completed, extensive amounts of paperwork that must be filled in, long waiting periods and fierce scrutiny by immigration authorities regarding how the parents came to be in the country in the first place. Legal fees and other bureaucratic hurdles can complicate the process immensely.
The “anchor baby” myth that says that having a child born inside the borders of the United States is a “fast pass” to legal immigration status for the parents has been repeated so often that it has been mistaken as fact by U.S. residents and immigrants alike. It’s far better for would-be immigrants to seek tailored legal guidance so they can explore their options, whatever their current status.