Birthright citizenship in the USA: the second order after the ruling

First things first, because this is what worries families: the Supreme Court's decision stands. It is the highest court, it interprets the Fourteenth Amendment, and no executive order can overturn it.

If you have a child in the United States today, you have an American child. Regardless of your own status, regardless of how long you have been here.

What a new order can do is administrative: instructions to agencies on how to issue documents, what proof to require and how to handle doubtful cases. And that is exactly where the next legal battle will start.

The Fourteenth Amendment dates from 1868 and was written after the Civil War to make sure the children of freed slaves were citizens. Its wording is brief: anyone born here and subject to its jurisdiction is a citizen.

The dispute is about the second half of that sentence. Those who want to restrict it argue that anyone in the country only temporarily or unlawfully is not subject to its jurisdiction in the intended sense.

The Court did not agree, relying on an interpretation that has stood for more than a hundred years.

Secure the documents. If your child was born in the United States, get several certified copies of the birth certificate and apply for a US passport. Both are straightforward today, and a document in hand is worth more than a claim in any future dispute.

And think about taxes too. A US citizen has to file for life, on worldwide income. Set up a portfolio of European funds for your child at eighteen and you are setting up an expensive problem, because US law treats that kind of investment harshly.

Nobody knows, and anyone who claims to is guessing. Here is what can be said.

A constitutional interpretation by the Supreme Court cannot be changed by an executive order. It can only be changed by a constitutional amendment, which requires two-thirds majorities in both chambers and approval by three quarters of the states. In today's political climate, that is out of the question.

What is possible are fights at the edges: over proof requirements, administrative procedures and which documents get issued. That can create extra work for families and will keep the courts busy.

It changes nothing at the core. Anyone born in the United States today is a citizen.

Almost unnoticed, a rule arrived on August 10 that hits employers directly. It concerns the fee charged on certain H-1B and L-1 visas, which dates back to the period after the 2001 attacks.

Until now it was disputed whether it also applies to extension petitions. The agency now makes clear that affected employers must pay it on all extension petitions, whether or not the related fraud prevention fee applies. The rule takes effect on September 9.

For a company with several seconded employees, that adds up. If you are planning extensions, adjust your budget for every petition from September on.

For eleven months we have been describing here how US immigration law is moving. Almost always in one direction: tighter, more expensive, more formal.

Two events break that pattern, and both came from the courts. In February, the Supreme Court ruled that an emergency powers law does not support tariffs. In June, it ruled that birthright citizenship stands.

If you are thinking about moving your life and your assets to this country, these two rulings matter more than any regulation this year. They show that there are limits that work, and that they are enforced.

You don't have to like American politics to appreciate that. You only have to have tried investing in a country where such limits don't exist.

If you live in the United States and have children, you have American children. It is a gift that comes with a bill, and the two belong together.

The gift: lifelong access to this country that money can't buy, including college at in-state tuition rates.

The bill: a lifelong tax filing obligation, wherever that child ends up living, and the need to structure their assets so US law doesn't punish them.

Plan for both from the start and you give your child a great gift. See only the first half and you hand them a problem at eighteen.

Besides the new order and the fee rule for H-1B and L-1, one date deserves attention that matters more to many businesses than either: September 9, when the fee rule takes effect.

If you are planning extensions for seconded employees, check whether you can file before that date. With several employees, four-figure sums are at stake, and preparing an extension takes weeks anyway.

After eleven months of this series, this is the advice we have repeated most: when a date is known and brings a change for the worse, work toward that date. It is the one reliable advantage you have in a constantly shifting area of law.

If you are expecting a child in the United States in the coming months, the new order changes nothing for you. The ruling stands.

What you should still do: get the documents early and keep them complete. Several copies of the birth certificate, a Social Security number, a US passport. At a time when administrative procedures are being fought over, a document already issued is the best protection there is.

Talk about it early, and with the child as soon as they are old enough. A twenty-year-old who knows they are a US citizen and what that means makes different choices about their portfolio, pension and job than one who finds out from their bank at forty.

And have the structure of their assets reviewed once, before they are built up. Some investments are unproblematic for Americans and some are not, and over thirty years the difference costs serious money.

Three things, concrete and dated.

By September 9: file extension petitions for seconded employees where possible, so you avoid the new fee situation.

By September 15: check whether you have interns, trainees or visiting researchers whose status is affected by the new limit on length of stay.

By September 18: If you have a pending case that involves a public charge review, bring your insurance, income and asset documents up to date.

Three deadlines, one calendar, two hours of work. It is the cheapest protection you will find in this area of law.

If you have a child in the United States, take care of three things within the first six weeks, because they get much harder after that.

Request the birth certificate from the county, in several certified copies. You will need it again and again for years, and ordering it from abroad later takes months.

Secure the Social Security number. The hospital applies for it along with the birth registration if you tick the box. Forget it, and you will have to apply in person at an office later.

And apply for the US passport, even if no trip is planned. It is the most practical document there is, and having a passport ends any discussion about status.

If you need help with this or want to get the tax side of things sorted for your family, talk to Mount Bonnell Advisors in Austin, Texas.

Few sentences in the US Constitution are as clearly worded, or as often attacked, as this one. It has survived the Civil War, segregation, several waves of immigration and a hundred and fifty years of political battles.

That it survives this year too is no given. It is the result of a process that worked: a lawsuit, a ruling, and confirmation by the highest court.

For a child born today in a Texas hospital, that means something very concrete: they belong, from their first breath, and nobody gets to decide otherwise.

Consultation & implementation

If you'd like to find out what this means for your own situation, the best step is to book a consultation.