We understand that the current climate surrounding immigration is marked by uncertainty and anxiety. The recent implementation of new regulations and policy shifts has raised significant concerns for both undocumented individuals and lawful permanent residents. At Tancinco Law, we recognize the profound impact these changes have on your lives and are committed to providing you with clear, accurate, and empathetic guidance.
This month’s newsletter addresses a critical issue: your rights during secondary inspection by Customs and Border Protection (CBP) at airports. We’ve observed a concerning trend of increased detentions and even expedited removals, leaving many travelers, including green card holders, apprehensive about international travel. We offer detailed information to help you understand your rights and navigate these challenging situations. We recognize the difficult decision many are facing regarding travel and encourage you to carefully weigh the risks and benefits.
Furthermore, we’ve included comprehensive summaries of the recent Registration Act and Real ID Act regulations. These new rules necessitate careful consideration and proactive steps to ensure compliance. We strongly advise you to consult with an experienced immigration attorney before taking any action that could potentially affect your immigration status or lead to detention.
Amidst these challenges, we also want to acknowledge the ongoing availability of family and employment-based visa petitions. While priority dates may advance slowly, we remain optimistic about the eventual processing of these applications. Patience and persistence are key during this time.
In these uncertain times, vigilance and informed decision-making are paramount. We at Tancinco Law are dedicated to providing you with the support and expertise you need to protect your rights and navigate the complexities of immigration law. We prioritize confidentiality and are committed to safeguarding your personal information.
We deeply value your trust and continued support. Please do not hesitate to reach out to us with any questions or concerns.
A new federal rule requiring some non-U.S. citizens to register with the Department of Homeland Security (DHS) is now in effect as of April 11, 2025. This change may impact individuals who are in the United States without traditional immigration documentation—or who entered without a visa—and could carry serious consequences for those who don’t comply.
If you or someone you know is unsure about whether this rule applies to them, keep reading to understand who needs to register, what it involves, and the potential risks for both action and inaction.
Who Must Register Under the New Rule?
Registration is a process of notifying the government of your presence in the U.S. as a noncitizen. The requirement to “register” is in our immigration laws but has been rarely used. President Trump announced they will use this requirement for all noncitizens. The law requires all noncitizens over age 14 who remain in the U.S. for 30 days or more to register. (The law instructs parents to register those that are under age 14.) The law requires people to register before the 30-day period ends. The government posted a new form on the USCIS website for those that are not yet registered to use, Form G-325R.
The majority of immigrants and visa holders do NOT need to take additional steps under this new rule, as they are already considered “registered.” The following documents count as registration:
A green card. If you are a permanent resident, you are registered
A work permit, even if it is now expired. If you have an employment authorization card, for any reason, you are registered.
An I-94. If you got an I-94 document, or received an I-94 electronically, when you entered the United States, you are registered. This includes entries with parole or a visa. If you got an I-94 when you got status, such as asylee, or U nonimmigrant, you are registered.
An NTA. If you were issued a Notice to Appear in immigration court, you are registered. If you were issued an Order to Show cause (OSC) or a referral to the immigration judge, you are registered.
A Border Crossing Card.
A Landing Permit as a crewman.
If you have applied for lawful permanent residence or temporary residence you are registered, even if that application was denied. (Forms I-485, I-687, I-691, I-698, I-700)
If you are already registered, you do not need to register now. Those who entered with visas are considered registered as they are provided with I-94s upon arrival or biometrics have already been taken at the time of the application for the non-immigrant or immigrant visa.
However, three key groups of individuals are covered by the new rule and must now register with DHS if they are in the U.S. for 30 days or more and are not otherwise registered:
Canadian citizens who entered the U.S. by land for business or tourism, did not receive an I-94, and stayed 30 days or more.
Foreign nationals who turn 14 years old while in the United States.
Foreign nationals who entered the U.S. without inspection (for example, by crossing the border without being processed by immigration officials), and who remain in the U.S. for 30 days or more.
What Does Registration Involve?
If you’re required to register, here’s what you’ll need to do:
Create a personal myUSCIS account
Submit Form G-325R online, which collects biographic and immigration-related information
Appear for fingerprinting and photos (biometrics), if you are age 14 or older and not a Canadian visitor
Receive and carry a “Proof of Alien Registration” document at all times
For children under 14, a parent or guardian must complete the registration, but fingerprints are not required until the child turns 14.
Is There a Deadline to Register?
Yes—and it’s very important.
If you were already in the United States for 30 days or more on April 11, 2025, you were expected to register immediately. There is no 30-day grace period after that date.
For individuals who newly meet the 30-day requirement after April 11 (for example, new arrivals or children who recently turned 14), registration must be completed as soon as the 30-day mark is reached.
What Happens if I Don’t Register?
If you do apply for an immigration benefit with USCIS and have not registered, DHS could use a failure to register as a negative factor in deciding your case.
Failing to register or carry proof of registration can result in misdemeanor charges, including:
Fines of up to $5,000
Jail time (up to six months for failure to register, 30 days for failure to carry proof)
Potential removal (deportation) if you are in violation of immigration laws
Also, if you move, you are required to report your new address to DHS within 10 days. Failing to do so may lead to detention or removal proceedings unless the delay was not willful or was reasonably excusable.
Important Note: Registration Can Carry Risks
The registration form asks for your address, information about you, your family, and immigration status, among other things. If you have no immigration status, immigration enforcement will know you are in the U.S. and the government says they will take steps to deport you. You may be detained.
For some people, registering with DHS may involve disclosing sensitive information—such as a criminal record or the fact that they entered the U.S. without inspection. These individuals may become visible to immigration enforcement through the registration process.
Before registering, those who are undocumented, have pending immigration cases, or have any criminal history should speak with an experienced and trusted immigration attorney. Legal advice can help you understand the risks and determine the best course of action.
What Should You Do Now?
If you think this new rule may apply to you or a family member:
➤ Determine if you are required to register ➤Create a myUSCIS account and complete Form G-325R if needed ➤ Consult with an immigration attorney, especially if you have legal or immigration concerns ➤ Keep a copy of your registration proof with you at all times
For many, this rule will not affect them directly—but for others, it is critical to determine consequences of registering and not registering and their effect on their specific case. If you have questions or concerns about your situation, we’re here to help. Tancinco Law offers confidential consultations to guide you through the new DHS registration process and help you stay informed and protected.
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If you would like to know how to set an appointment with Tancinco Law, click here.
After several delays, the enforcement of the REAL ID Act — originally enacted in 2005 — will finally take effect in just a few weeks. It wasn’t until 2020, fifteen years after the law was passed, that all 50 states became compliant with its licensing requirements, which contributed to the prolonged delay in implementation. On May 7, 2025, the REAL ID Act will be fully enforced across the United States. For many non U.S. citizens— especially those who use state-issued IDs or driver’s licenses as their primary form of identification — this date is an important one. Here’s what you need to know, what happens if you don’t yet have a REAL ID, and what you can still do before the deadline.
The REAL ID Act
The REAL ID Act, passed by Congress in 2005, was designed to set federal standards for the issuance of identification documents, such as driver’s licenses and state-issued ID cards. It aims to enhance security measures after 9/11, making it more difficult for fraudulent documents to be used to access federal facilities or board commercial flights.
Starting May 7, 2025, you will not be able to use a standard state driver’s license or ID to board a domestic flight or enter federal buildings— including courthouses and military bases — unless it is REAL ID-compliant.
How Do You Know If You Have a REAL ID?
REAL ID-compliant licenses and ID cards generally have a star on the upper portion of the card. If your ID does not have this star, it may not meet federal requirements. Each state may look slightly different, but the star is a common indicator.
If you’re unsure, check with your state’s Department of Motor Vehicles (DMV) or look at your license to see if it bears the REAL ID star.
Why Does This Matter for Immigrants?
For many immigrants — especially those who are unlawfully present —your state ID may be your main form of identification. Without a REAL ID, you may:
Be denied boarding for domestic flights.
Be refused entry into federal buildings.
Face additional scrutiny when trying to access certain government services.
This is particularly important if you need to attend immigration court, visit USCIS field offices, or travel domestically within the U.S. for personal or legal matters.
Can Immigrants who are in Unlawful Status Get a REAL ID?
Unfortunately, most immigrants who are in unlawful status do not qualify for REAL ID-compliant licenses under federal law. States that issue driver’s licenses to immigrants with no legal status typically provide non-compliant IDs—which are only valid for driving but not for federal identification purposes like boarding flights or entering federal buildings. This is the type of IDs some States like the State of California issue to those with unlawful status and thus, are not REAL ID compliant.
If you are not in possession of a green card or a validly issued REAL ID compliant State ID, you will need to use alternative federally-accepted documents for travel or ID purposes, such as:
A valid foreign passport
A valid Employment Authorization Document (EAD)
For traveling purposes for example, the above documents like the passport issued by your country of national even if does not contain a valid visa will suffice as a form of identification for traveling purposes within the United States.
What You Can Still Do Before May 7, 2025
If you are eligible, here’s how to get your REAL ID before the deadline:
Make an appointment at your local DMV. Many states are still experiencing delays, so book as early as possible.
Bring the required documents, including:
Proof of identity (e.g., valid passport, Green Card)
Proof of lawful presence (e.g., I-94, work permit)
Proof of Social Security Number (SSN card, pay stub, W-2)
Two proofs of residency (utility bill, lease, etc.)
Apply before May 7, 2025. Don’t wait until the last minute! Lines will get longer as the deadline approaches
Consult With Legal Counsel
Immigrants who are lawfully present in the U.S. should act now to avoid travel disruptions or problems accessing federal services. If you’re unsure whether you qualify or what documents you need, speak with your immigration attorney or contact your state DMV for guidance.
At Tancinco Law, we’re here to help our clients stay informed and prepared. Don’t wait until the last minute—May 7 is closer than you think.
If you have questions about your immigration status or your eligibility for REAL ID, schedule a consultation with our office today.
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If you would like to know how to set an appointment with Tancinco Law, click here.
Green card holders returning from international travel have fundamental rights. A valid green card serves as proof that the traveler is authorized to enter the United States as a returning resident. However, if the Customs and Border Protection (CBP) officer has concerns about your immigration history, prior criminal activity, or past violations, you may be referred to secondary inspection for further questioning.
Determining Your Status Upon Re-Entry
If CBP determines that you are a returning resident, you should be processed quickly and allowed to enter the U.S. However, if CBP categorizes you as an arriving alien, you may be found inadmissible and subject to removal proceedings.
You may be classified as an arriving alien if you:
Abandoned or relinquished your lawful permanent resident (LPR) status
Were absent from the U.S. for more than 180 consecutive days
Engaged in illegal activity after departing the U.S.
Left the U.S. while in removal or extradition proceedings
Committed certain crimes, unless you were granted a waiver
Attempted to enter the U.S. without inspection
If you are categorized as an arriving alien, you may be placed in detention, denied entry, or required to appear before an immigration judge.
Your Right to a Hearing Before an Immigration Judge
If CBP deems you an arriving alien and charges you as removable, you have the right to a hearing before an immigration judge. Only an immigration judge—not CBP—can make a final decision regarding your lawful permanent resident status.
If CBP believes you have abandoned your residence but you refuse to sign a Form I-407 (Record of Abandonment of Lawful Permanent Resident Status), CBP must issue you a Notice to Appear (NTA) so you can present your case in immigration court.
What to Expect at Secondary Inspection
Referral to secondary inspection is not an automatic denial of entry. It is an additional screening process where CBP officers will:
Ask you questions about your travel and background
Collect biographic and biometric data
Conduct record checks
Determine whether you qualify as a returning resident or an arriving alien
This process can take anywhere from a few minutes to several hours, depending on the complexity of your case.
Your Rights During Secondary Inspection:
Right to Contact Your Consulate: You may request assistance from your home country’s consulate. The consulate can help you communicate with a lawyer or your family.
Right to Request a Lawyer: Although CBP may inform you that you do not have the right to legal counsel during inspection, you should still ask CBP to document your request for an attorney.
Right to Review Documents in a Language You Understand: Any documents CBP presents to you should be available in a language you can read and understand.
Right to Refuse to Sign Documents You Do Not Agree With: You are not required to sign any documents if you disagree with their contents.
Privacy Limitations:
No Right to Privacy for Electronic Devices: CBP has the authority to inspect your personal belongings, including your phone, laptop, and other digital devices. They may review emails, social media accounts, and other personal data.
CBP May Retain Your Devices: Your electronic devices may be held temporarily and returned to you at a later time.
Abandonment of Residence – Know Your Rights
CBP may claim that you abandoned your U.S. residence due to prolonged absences from the country and may pressure you to sign Form I-407 (Record of Abandonment of Lawful Permanent Resident Status).
Important Facts About Abandonment:
Time Spent Abroad Alone Does Not Automatically Lead to Losing Your Green Card. CBP must prove by clear, unequivocal, and convincing evidence that you intended to abandon your U.S. residence.
Form I-407 Must Be Signed Voluntarily. You are not required to sign it, and there are no negative consequences for refusing to sign.
If You Sign Form I-407: You still have the right to request a hearing before an immigration judge to contest the abandonment claim.
If CBP Takes Your Green Card: You have the right to request alternative proof of your lawful permanent resident status, such as a stamp in your passport.
Proactive Steps to Protect Your Status
To avoid delays or legal complications at the airport, consult with an immigration attorney before traveling if:
You have a criminal record (including arrests, convictions, or pending charges).
You have a pending application with U.S. Citizenship and Immigration Services (USCIS) or the immigration court (EOIR).
There are undisclosed issues in your immigration history that could raise concerns during re-entry.
Final Takeaway
As a lawful permanent resident, knowing your rights is crucial when traveling internationally. Not all green card holders face detention upon return, but those classified as arriving aliens may be subject to increased scrutiny and enforcement actions.
Remember: Your green card is your legal proof of U.S. residency, and you should not be pressured into relinquishing it. If questioned, detained, or pressured to sign documents, stand your ground, assert your rights, and seek legal advice.
For more information about your rights and responsibilities as a lawful permanent resident or if you need legal advise contact our attorneys at Tancinco Law, P.C at (415)397 0808 or email us at law@tancinco.com or visit our website at www.tancinco.com
Nowadays, a non-U.S. citizen returning from travel outside the United States is not necessarily guaranteed a smooth entry, even with a validly issued visa or lawful permanent resident (LPR) status. Many immigrants—including not just undocumented individuals but also green card holders—are increasingly fearful of their status. This atmosphere of fear has been fueled by the current administration’s heightened enforcement of immigration laws, along with stricter scrutiny of individuals’ past immigration and criminal histories upon entry into the U.S.
With recent news reports of numerous LPRs being detained at airports, this article aims to provide guidance on whether you might be at risk of possible detention or arrest upon arrival.
Why Are Lawful Permanent Residents Being Detained at Ports of Entry/Airports After Traveling Abroad?
A non-U.S. citizen is granted lawful permanent resident status by the U.S. Citizenship and Immigration Services (USCIS) to allow them to permanently reside and work in the United States. Green cards may be issued through family-based or employment-based petitions, as well as humanitarian visas.
However, holding a green card does not mean that your status is truly “permanent” or that you are automatically guaranteed re-entry into the U.S. Like temporary visas, lawful permanent resident status is a privilege granted by the U.S. government—not an absolute right. If you fail to meet the residency requirements or engage in conduct that violates immigration laws, your green card may be revoked.
Traveling and Returning to the United States
General Rule
As a green card holder, you generally should not fear returning to the U.S. after traveling abroad. However, if you have a case or past actions that fall under grounds for revocation of your green card, you could face detention and secondary inspection by Customs and Border Protection (CBP) officers at the port of entry.
Returning Resident vs. Arriving Alien
In immigration law, understanding certain key terms is essential. When entering the U.S. with a valid visa—whether a green card or a temporary visa—you are expected to be admitted after inspection of your travel documents. If no legal grounds exist to deny your entry, CBP must allow you in. However, if there are deficiencies in your visa or circumstances rendering you inadmissible, you may be classified as an “arriving alien” rather than a “returning resident.”
Generally, green card holders are not considered arriving aliens. However, there are exceptions where an LPR may be classified as an arriving alien, which could put them at risk of inadmissibility and denial of entry.
For example, an LPR may be deemed an arriving alien if CBP suspects that they abandoned their resident status or if they fall under a category subject to removal from the United States. If this occurs, the CBP officer may place the individual in secondary inspection, detain them at the airport, or refer them to Immigration and Customs Enforcement (ICE), depending on the nature of their case.
Categories of Green Card Holders Who May Be Detained or Considered Arriving Aliens
Even before the current administration’s restrictive enforcement of immigration laws, legal provisions already existed for classifying certain green card holders as arriving aliens under Immigration and Nationality Act (INA) Section 101(a)(13)(C). A green card holder may be deemed an arriving alien if they:
Have abandoned or relinquished their resident status
Have been absent from the U.S. for a continuous period exceeding 180 days
Have engaged in illegal activity after departing the U.S.
Departed the U.S. while under legal proceedings for removal
Have committed an offense that falls under INA Section 1182(a)(2) unless granted relief under INA 1182(h) or 1229b(a)
Criminal grounds of inadmissibility referred to in number 5 category refer to:
Crime involving moral turpitude;
Multiple criminal convictions;
Controlled substance traffickers;
Prostitution and commercialized vice;
Human Trafficker;
Money Laundering
To complicate matters for arriving aliens, there are certain crimes that require the law enforcers to detain non-U.S. citizens because of the Laken Riley Act which was enacted immediately after President Trump took office. Added to the crimes defined under existing law above, the following crimes may render the returning resident into stricter scrutiny:
Burglary;
Theft;
Larceny;
Shoplifting;
Assault of law enforcement officer;
Crime resulting in death or serious bodily injury to another person.
If an LPR falls into any of these categories—including those with prior criminal convictions—CBP may classify them as an arriving alien and detain them at the port of entry. However, similar to other immigrants detained after enforcement actions, LPRs detained at ports of entry still have rights they can exercise.
Before Traveling Abroad or Returning to the United States
The mere passage of time since receiving your green card or the fact that you have previously traveled in and out of the U.S. without incident does not guarantee future entry. Given the stricter enforcement environment, it is crucial to exercise due diligence before traveling.
What You Should Do:
Consult an immigration attorney before traveling if:
You have a prior arrest or criminal record (convictions or pending charges)
You have a pending case with immigration court or USCIS
There is anything in your immigration history that was not disclosed during your green card application and could raise questions upon re-entry
Be mindful of extended absences from the U.S.
Staying outside the U.S. for more than six months may have serious consequences. While this alone may not revoke your green card, CBP may view it as evidence of abandonment.
If pressured to sign an abandonment of residence form at the airport, know that you are not required to sign it against your will.
Know your rights as a lawful permanent resident.
Understanding the legal framework surrounding LPR status will help you navigate interactions with CBP officials and avoid unnecessary complications upon return.
Final Thoughts
Not all green card holders are at risk of being detained at the airport upon re-entry. However, those classified as “arriving aliens” may face heightened scrutiny and potential enforcement actions by CBP. If you are an LPR, remember: “Use it, or lose it.”
(Author Atty. Lourdes Santos “Atty. Lou” Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area and a partner at the Tancinco Law P.C., law firm established since 1992. She is also a producer/host of Pusong Pinoy sa Amerika, an immigration law informational show aired on GMA Pinoy TV. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or at 1-888-930-0808)
Atty Lou Tancinco shares her latest updates via our quarterly newsletter.
Dear TLAW Subscribers:
The landscape of immigration law is constantly evolving, and recent policy shifts have brought significant changes and heightened uncertainty. To help you stay informed, our latest quarterly newsletter offers timely insights into key immigration issues.
In this edition, we focus on empowering individuals with knowledge about their rights, particularly in the event of an encounter with Immigration and Customs Enforcement (ICE). We address crucial questions such as: What are your rights if a friend or family member is detained? What recourse is available if there is no final order of removal?
We also delve into other critical topics, including:
We encourage you to take a moment to review these informative articles and updates. Staying informed is crucial for navigating the complexities of immigration law.
We remain committed to advocating for just, fair, and humane immigration reform. In the meantime, we urge you to be vigilant in asserting your rights. Our firm is here to provide guidance and support. If you have any questions or require legal assistance, please do not hesitate to contact us.
With the suspension of the Parole in Place Program, USCIS has issued announcements regarding appointments and refunds.
The Keeping Families Together program known as the PIP or Parole in Place was a program established by President Biden in August 2024 aimed at allowing certain spouses and children of US citizens to apply for lawful permanent residence without leaving the country.
Legal Challenges
A few days after it was launched on August 19, 2024, 16 States filed a lawsuit on August 27, 2024 arguing that the President overstepped its authority and asked that its implementation be suspended.
On November 7, 2024, the U.S. District Court for the Eastern District of Texas stopped the program entirely, ruling that the federal government lacked the authority to enact this program.
USCIS released an announcement on November 13, 2024 as a result of the court order stating that (1) they are not accepting any I-131F or request for parole under the Keeping Families Together; (2) all biometric scheduled appointments are cancelled.
Refunds of Filing Fees
As of this writing, the PIP remains suspended; as a consequence, USCIS suspended processing of all existing applications. Beginning January 6, 2025, USCIS has begun the process of refunding checks of $580 filing associated with the vacated Keeping Families Together (“KFT”) Parole program. All applications filed prior to the order of suspending the program shall be administratively closed and thus, refunds are being issued to applicants.
For individuals who paid by credit card, the refund will be by credit card and should happen in the next 1-2 weeks. And for those who paid by debit card, the refund will be issued by check by ICE. This process may take 5-6 weeks.
(Atty. Lourdes Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area and a partner at the Tancinco Law P.C., law firm established since 1992. She is also a producer/host of Pusong Pinoy sa Amerika, an immigration law informational show aired on GMA Pinoy TV. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or at 1-888-930-0808)
If you are a naturalized U.S. citizen, are you at risk of being stripped of your U.S. Citizenship in a 2nd Trump term?
President Trump’s focus on immigration is on border security, undocumented immigration and enforcement of immigration law including a plan for a mass deportation. So far, there is no “denaturalization policy” that was expressed. It was during his prior administration that he created a Denaturalization Task Force and a Denaturalization Section targeted against U.S. citizens. What are the chances that this effort is going to be revived? And if you are a naturalized U.S. citizen are you at risk of being stripped of your U.S. Citizenship?
Denaturalization is found in Section 340 of the Immigration and Nationality Act. There are only certain legal basis to denaturalize an individual and this is initiated by the government through the federal district courts. In the past it was seldom utilized except in extreme cases like in denaturalization of former Nazis who lied about their past who illegally procured naturalization.
Those who are most likely to be affected by the administration’s effort to strip U.S. citizenship from naturalized citizens may be divided mainly into 3 categories. These are immigrants who procured their citizenship illegally because of the presence of:
Prior criminal conviction that was concealed: Those who concealed their criminal convictions on their naturalization applications and their criminal cases are grounds for removal may have their cases referred for naturalization. Note that criminal charges or convictions must have occurred before and during the naturalization process.
Prior removal cases and assumed identities: Several years ago, the U.S. government discovered hundreds of individuals who had prior deportation orders and who used different names in their green card and naturalization applications. These cases are now being investigated and may be re-opened for denaturalization.
Material fraud and misrepresentation. This refers to those who lied in obtaining their green cards through fraud and misrepresentation. The lie must have a relation to the eligibility for green card or naturalization to be a basis for denaturalization.
Once an immigrant is identified for investigation by USCIS for purposes of denaturalization, the matter will be referred to the Department of Justice’s Denaturalization Section under the Office of Immigration Litigation and the Assistant U.S. Attorney. Thereafter, the case will be filed with the federal district court having jurisdiction over the residence of the immigrant being stripped of citizenship. When the case is filed with the court the naturalized U.S. citizen may present evidence to avoid denaturalization. Note that this is a judicial process and only a federal judge may strip one of U.S. citizenship. There is a due process involved and a right to a hearing. If a citizen is denaturalized, most probably this individual will be put in removal proceedings. Whether or not he will be deported depends on available relief or waivers.
Naturalized U.S. citizens must now realize that just like in the past Trump administration and now with the present administration. they no longer have a sense of permanence when it comes to their immigration status. If you believe that you fall into any of the categories of those who might be affected by this denaturalization effort of USCIS, it will be best to revisit and re-examine your naturalization application, have your case assessed by competent legal counsel. And, if there is a possibility of denaturalization, prepare yourself to defend yourself in the federal court and, in the worst case scenario, explore applicable waivers or defenses to avoid removal.
(Atty. Lourdes Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area and a partner at the Tancinco Law P.C., law firm established since 1992. She is also a producer/host of Pusong Pinoy sa Amerika, an immigration law informational show aired on GMA Pinoy TV. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or at 1-888-930-0808)
Despite being in the U.S. Constitution’s, birthright citizenship has come under attack and is being ridiculously threatened with repeal.
The 14th Amendment to the U.S. Constitution unequivocally states: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” For over a century, this constitutional guarantee has conferred citizenship on individuals born within U.S. territory, irrespective of their parents’ immigration status. Despite its clarity, birthright citizenship has recently come under attack, raising critical legal and ethical questions.
Can a Constitutional Amendment Be Repealed by Executive Order?
Today President Donald Trump signed an executive order repealing birthright citizenship. Legally, this claim warrants scrutiny. A constitutional provision cannot be overturned by executive order. To amend the Constitution requires a rigorous process: a two-thirds majority vote in both the House and the Senate, followed by ratification from three-fourths of the states.
Previous attempts to deny citizenship to U.S.-born children of undocumented immigrants through state and federal legislation have consistently been deemed unconstitutional. Even if a Republican-controlled Congress were to pass such a law, it would undoubtedly face significant legal challenges in the courts, given its conflict with established constitutional protections.
A Misguided Approach to Illegal Immigration
Proponents of repealing birthright citizenship argue that it incentivizes illegal immigration. They believe withholding automatic citizenship from the children of undocumented immigrants could serve as a deterrent. Some extremists even frame the issue as a national security concern, suggesting the potential for exploitation by terrorists—an argument that strains credulity.
However, eliminating birthright citizenship is far from a viable solution. In fact, it could exacerbate the challenges posed by illegal immigration. Without birthright citizenship, children born to undocumented immigrants would lack legal status, creating a vulnerable, stateless population. These individuals, unable to fully participate in society, would face heightened risks of exploitation and involvement in criminal activity. Instead of addressing the root causes of illegal immigration, such a policy would compound the problem, leaving both individuals and communities worse off.
The Uphill Legal Battle Against the 14th Amendment
The 14th Amendment serves as a safeguard against arbitrary decisions by politicians about who deserves U.S. citizenship. Its protections extend to everyone born on American soil, ensuring equal treatment under the law. Repealing or undermining this foundational principle would not only provoke significant legal challenges but also carry far-reaching political and social consequences.
President Trump’s proposed repeal would face an uphill battle, requiring a constitutional amendment—an exceedingly rare and complex process. Beyond the procedural hurdles, such an effort would risk eroding the very values of inclusion and equality that underpin the Constitution.
A Counterproductive Proposal
The push to repeal birthright citizenship is not a solution but a diversion. It shifts focus away from addressing the systemic issues driving illegal immigration and instead targets one of the most fundamental principles of American identity. Far from deterring illegal immigration, this proposal would deepen existing challenges, creating a new underclass of individuals without legal recognition.
As a nation, we must carefully weigh the implications of such drastic measures. The debate over birthright citizenship is not just a legal issue but a moral one, reflecting the values we uphold as a society. Rather than dismantling a constitutional cornerstone, the focus should be on comprehensive immigration reform that addresses the root causes of illegal immigration while preserving the rights and dignity of all individuals.
(Atty. Lourdes Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area and a partner at the Tancinco Law P.C., law firm established since 1992. She is also a producer/host of Pusong Pinoy sa Amerika, an immigration law informational show aired on GMA Pinoy TV. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or at 1-888-930-0808)
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