RESEARCH STARTER

Children of undocumented immigrants

Children of undocumented immigrants are individuals born in a country, such as the United States, to parents who lack legal permission to reside there. These parents may have entered the country illegally or overstayed temporary visas. In the U.S., the Fourteenth Amendment guarantees citizenship to all children born on American soil, including those of undocumented immigrants, which has led to ongoing discussions about immigration policy and citizenship rights. The phenomenon of "birth tourism," where foreign women travel to give birth in the U.S. to secure citizenship for their children, has also emerged, raising ethical and legal questions.

Despite their citizenship status, children of undocumented immigrants face significant challenges. Many come from families where parents work long hours in low-paying jobs, limiting parental involvement in the children's education and leading to poorer academic outcomes. For those children without citizenship, the barriers are even greater, as they struggle to access basic opportunities such as obtaining a driver's license or applying for federal aid for education. Policies like the Deferred Action for Childhood Arrivals (DACA) have provided some protection for undocumented children, allowing them to defer deportation and work legally, although such protections remain politically contentious and subject to change. Overall, the experiences of these children reflect the complexities of immigration, legal status, and the pursuit of opportunity in a new country.

Full Article

Children of undocumented immigrants are children whose parents live in a foreign country without legal authorization. These parents may have entered the country without authorization or may have overstayed a temporary visa. Some births occur coincidentally, while others are planned by parents who believe having a child in the host country may help establish citizenship in the future.

In the United States, the Fourteenth Amendment to the Constitution guarantees citizenship to all people born in the United States, including children of undocumented immigrants. With a growing controversy over unauthorized immigration as well as a high birth rate among non-citizens, some US citizens seek to change the amendment or find other ways to reduce the increase in undocumented populations. Children of undocumented immigrants may face unique legal, economic, and social challenges, as well as discrimination due to their status.

Overview

Unauthorized immigration refers to entry or residence in a country without going through that country’s proper legal channels. People immigrate without permission for many reasons—to seek employment, reunite with family, escape violence or persecution, or flee economic hardship.

Unauthorized immigration is a hotly debated topic in the United States. According to the Pew Research Center, about 10.5 million undocumented immigrants lived in the United States in 2021, down from the previous record high of 12.2 million people in 2007. The highest count was recorded in 2023, with about 14 million undocumented immigrants recorded as living in the United States. Around 4.0 to 4.5 million of these individuals were from Mexico, although data indicated that migration patterns were shifting, with more individuals immigrating from Central America, Asia, and Africa. Experts contended that the large percentage of Mexican undocumented immigrants was due to employment opportunities in agriculture, construction, domestic work, and hospitality, where formal work visa options are limited. Historically, programs such as the Bracero Program allowed Mexican migrant workers to legally enter the United States temporarily for employment. Since this is no longer the case, they immigrate without permission.

The Fourteenth Amendment to the Constitution guarantees American citizenship to anyone born in the United States and subject to its jurisdiction. The original intent of this amendment was to ensure the citizenship of the children of formerly enslaved people, officially ending the practice of people born into slavery. In United States v. Wong Kim Ark (1898), the Supreme Court affirmed that individuals born on US soil, regardless of their parents’ citizenship status, are granted US citizenship. Though this ruling has been challenged by conservative politicians, the Supreme Court has not reviewed the issue.

Because foreign children born on American soil are automatically granted American citizenship, an industry called “birth tourism” (similar in some aspects to medical tourism) developed. Participants in birth tourism typically arrive on temporary visas, intending to return home after the birth.

Companies emerged to facilitate this process, particularly targeting affluent clients, often from China. Some birth tourism operations have been criticized for unsafe or misleading conditions. Because many do not speak English, they are taken advantage of. Some companies that offer this service charge tens of thousands of dollars and advertise high-class residences and top-notch care when, in reality, the baby is often delivered in unsafe conditions; at least one lawsuit has been filed for the accidental death of a child. While the process is not inherently illegal if the visitor enters with a valid visa and discloses truthful intentions, some operators have been prosecuted for visa fraud and for providing unsafe conditions or misleading services. Legal action has also been taken against operators on zoning or regulatory grounds in cities such as Los Angeles.

Though it is sometimes used in public discourse to describe children born in the US to foreign nationals, the term “anchor baby” is a derogatory and politically charged phrase. It oversimplifies complex immigration processes and inaccurately implies that having a child in the United States guarantees expedited legal status for the parents.

Importantly, birth tourism is distinct from undocumented immigration and is rarely undertaken by undocumented immigrants. Immigration bans for unauthorized presence (such as 3-year or 10-year re-entry bars) disincentivize such actions. For many families living in the United States without documentation, long-term unauthorized residence reflects a different set of pressures and motivations.

Children born in the United States to undocumented parents are American citizens, but their family’s immigration status can create substantial hardships. Undocumented immigrants often work long hours at low-paying jobs and sometimes work more than one full-time job. Even if they have some free time, parents may still avoid interactions with public institutions, including schools and hospitals, out of fear of deportation, causing their children to receive less parental involvement in their education and health.

Children in mixed-status families (where at least one member is undocumented) face higher levels of psychological stress, food insecurity, housing instability, and educational disruption. Children who themselves are undocumented—having arrived in the US without authorization—face even more significant barriers. Without documentation, they cannot apply for a driver’s license federal aid for tuition, or most jobs. By the 2020s, however, some state laws issued driving-privilege cards or licenses marked “not for federal purposes” with some form of identification. As a result of these barriers, most are relegated to the same long hours and low wages as their parents, even if they manage to get an advanced degree from a college or university. They are also liable to be deported to their country of origin if discovered.

In 2012, legislation was put in place that offered some protection for undocumented immigrants who were brought to the US as children. The Deferred Action for Childhood Arrivals (DACA) policy offered these individuals a renewable two-year period of deferred action from deportation and the ability to apply for a work permit. In 2017 and 2018, the policy was challenged by a new administration; however, the Supreme Court ruled for several injunctions blocking the rescission of DACA in 2020, and the policy was reinstated by executive order in 2022. Through the mid-2020s, DACA continued to operate on a limited basis, but new applications were paused due to ongoing litigation. In late 2024, the Fifth Circuit Court of Appeals heard arguments concerning the legality of DACA, and in early 2025, the Court ruled against the DACA program but permitted current recipients to continue renewing their status, but not any initial requests. However, after his second term began in 2025, President Donald Trump actively challenged this practice and initiated the process of implementing stricter immigration policies, causing some concerns over the fate of DACA. In 2025, President Trump issued an executive order for “Protecting the Meaning and Value of American Citizenship,” seeking to restrict birthright citizenship administratively. By 2026, the order was under legal suspension because of the Supreme Court’s pending review and ongoing litigation around the order’s constitutionality.


Bibliography

Bray, Ilona. “Can the Child of an Undocumented Immigrant Become a United States Citizen?” AllLaw, 5 Dec. 2025, www.alllaw.com/articles/nolo/us-immigration/can-child-undocumented-immigrant-become-citizen.html. Accessed 11 Mar. 2026.

Chang, Cindy. “In Suburbs of L.A., a Cottage Industry of Birth Tourism.” Los Angeles Times, 3 Jan. 2013, articles.latimes.com/2013/jan/03/local/la-me-birthing-centers-20130104. Accessed 11 Mar. 2026.

“Consideration of Deferred Action for Childhood Arrivals (DACA).” U.S. Citizenship and Immigration Services, 24 Jan. 2025, www.uscis.gov/DACA. Accessed 11 Mar. 2026.

Dwyer, Devin. “A New Baby Boom? Foreign ‘Birth Tourists’ Seek U.S. Citizenship for Children.” ABC News, 13 Apr. 2010, abcnews.go.com/Politics/birth-tourism-industry-markets-us-citizenship-abroad/story?id=10359956. Accessed 11 Mar. 2026.

Hesson, Ted. “US Appeals Court Rejects Biden Program to Protect ‘Dreamers’ Immigrants.” Reuters, 17 Jan. 2025, www.reuters.com/world/us/us-appeals-court-rejects-biden-program-protect-dreamers-immigrants-2025-01-17. Accessed 11 Mar. 2026.

Kahn, Carrie. “Republicans Push to Revise 14th Amendment.” NPR, 5 Aug. 2010, www.npr.org/templates/story/story.php?storyId=129007120. Accessed 11 Mar. 2026.

Moslimani, Mohamad, and Jeffrey S. Passel. “What the Data Says about Immigrants in the US.” Pew Research Center, 21 Aug. 2025, www.pewresearch.org/short-reads/2024/09/27/key-findings-about-us-immigrants. Accessed 29 Mar. 2026.

Passel, Jeffrey S., and Jens Manuel Krogstad. “U.S. Unauthorized Immigrant Population Reached a Record 14 Million in 2023.” Pew Research Center, 21 Aug. 2025, pewresearch.org/race-and-ethnicity/2025/08/21/u-s-unauthorized-immigrant-population-reached-a-record-14-million-in-2023/. Accessed 11 Mar. 2026.

Preston, Julia. “Anchor Baby: A Term Redefined as a Slur.” The New York Times, 8 Dec. 2011, www.nytimes.com/2011/12/09/us/anchor-baby-a-term-redefined-as-a-slur.html. Accessed 11 Mar. 2026.

“US Supreme Court to Consider Trump’s Bid to End Birthright Citizenship.” Al Jazeera, 5 Dec. 2025, www.aljazeera.com/news/2025/12/5/us-supreme-court-to-consider-trumps-bid-to-end-birthright-citizenship. Accessed 13 Mar. 2026.

Full Article

Children of undocumented immigrants are children whose parents live in a foreign country without legal authorization. These parents may have entered the country without authorization or may have overstayed a temporary visa. Some births occur coincidentally, while others are planned by parents who believe having a child in the host country may help establish citizenship in the future.

In the United States, the Fourteenth Amendment to the Constitution guarantees citizenship to all people born in the United States, including children of undocumented immigrants. With a growing controversy over unauthorized immigration as well as a high birth rate among non-citizens, some US citizens seek to change the amendment or find other ways to reduce the increase in undocumented populations. Children of undocumented immigrants may face unique legal, economic, and social challenges, as well as discrimination due to their status.

Overview

Unauthorized immigration refers to entry or residence in a country without going through that country’s proper legal channels. People immigrate without permission for many reasons—to seek employment, reunite with family, escape violence or persecution, or flee economic hardship.

Unauthorized immigration is a hotly debated topic in the United States. According to the Pew Research Center, about 10.5 million undocumented immigrants lived in the United States in 2021, down from the previous record high of 12.2 million people in 2007. The highest count was recorded in 2023, with about 14 million undocumented immigrants recorded as living in the United States. Around 4.0 to 4.5 million of these individuals were from Mexico, although data indicated that migration patterns were shifting, with more individuals immigrating from Central America, Asia, and Africa. Experts contended that the large percentage of Mexican undocumented immigrants was due to employment opportunities in agriculture, construction, domestic work, and hospitality, where formal work visa options are limited. Historically, programs such as the Bracero Program allowed Mexican migrant workers to legally enter the United States temporarily for employment. Since this is no longer the case, they immigrate without permission.

The Fourteenth Amendment to the Constitution guarantees American citizenship to anyone born in the United States and subject to its jurisdiction. The original intent of this amendment was to ensure the citizenship of the children of formerly enslaved people, officially ending the practice of people born into slavery. In United States v. Wong Kim Ark (1898), the Supreme Court affirmed that individuals born on US soil, regardless of their parents’ citizenship status, are granted US citizenship. Though this ruling has been challenged by conservative politicians, the Supreme Court has not reviewed the issue.

Because foreign children born on American soil are automatically granted American citizenship, an industry called “birth tourism” (similar in some aspects to medical tourism) developed. Participants in birth tourism typically arrive on temporary visas, intending to return home after the birth.

Companies emerged to facilitate this process, particularly targeting affluent clients, often from China. Some birth tourism operations have been criticized for unsafe or misleading conditions. Because many do not speak English, they are taken advantage of. Some companies that offer this service charge tens of thousands of dollars and advertise high-class residences and top-notch care when, in reality, the baby is often delivered in unsafe conditions; at least one lawsuit has been filed for the accidental death of a child. While the process is not inherently illegal if the visitor enters with a valid visa and discloses truthful intentions, some operators have been prosecuted for visa fraud and for providing unsafe conditions or misleading services. Legal action has also been taken against operators on zoning or regulatory grounds in cities such as Los Angeles.

Though it is sometimes used in public discourse to describe children born in the US to foreign nationals, the term “anchor baby” is a derogatory and politically charged phrase. It oversimplifies complex immigration processes and inaccurately implies that having a child in the United States guarantees expedited legal status for the parents.

Importantly, birth tourism is distinct from undocumented immigration and is rarely undertaken by undocumented immigrants. Immigration bans for unauthorized presence (such as 3-year or 10-year re-entry bars) disincentivize such actions. For many families living in the United States without documentation, long-term unauthorized residence reflects a different set of pressures and motivations.

Children born in the United States to undocumented parents are American citizens, but their family’s immigration status can create substantial hardships. Undocumented immigrants often work long hours at low-paying jobs and sometimes work more than one full-time job. Even if they have some free time, parents may still avoid interactions with public institutions, including schools and hospitals, out of fear of deportation, causing their children to receive less parental involvement in their education and health.

Children in mixed-status families (where at least one member is undocumented) face higher levels of psychological stress, food insecurity, housing instability, and educational disruption. Children who themselves are undocumented—having arrived in the US without authorization—face even more significant barriers. Without documentation, they cannot apply for a driver’s license federal aid for tuition, or most jobs. By the 2020s, however, some state laws issued driving-privilege cards or licenses marked “not for federal purposes” with some form of identification. As a result of these barriers, most are relegated to the same long hours and low wages as their parents, even if they manage to get an advanced degree from a college or university. They are also liable to be deported to their country of origin if discovered.

In 2012, legislation was put in place that offered some protection for undocumented immigrants who were brought to the US as children. The Deferred Action for Childhood Arrivals (DACA) policy offered these individuals a renewable two-year period of deferred action from deportation and the ability to apply for a work permit. In 2017 and 2018, the policy was challenged by a new administration; however, the Supreme Court ruled for several injunctions blocking the rescission of DACA in 2020, and the policy was reinstated by executive order in 2022. Through the mid-2020s, DACA continued to operate on a limited basis, but new applications were paused due to ongoing litigation. In late 2024, the Fifth Circuit Court of Appeals heard arguments concerning the legality of DACA, and in early 2025, the Court ruled against the DACA program but permitted current recipients to continue renewing their status, but not any initial requests. However, after his second term began in 2025, President Donald Trump actively challenged this practice and initiated the process of implementing stricter immigration policies, causing some concerns over the fate of DACA. In 2025, President Trump issued an executive order for “Protecting the Meaning and Value of American Citizenship,” seeking to restrict birthright citizenship administratively. By 2026, the order was under legal suspension because of the Supreme Court’s pending review and ongoing litigation around the order’s constitutionality.


Bibliography

Bray, Ilona. “Can the Child of an Undocumented Immigrant Become a United States Citizen?” AllLaw, 5 Dec. 2025, www.alllaw.com/articles/nolo/us-immigration/can-child-undocumented-immigrant-become-citizen.html. Accessed 11 Mar. 2026.

Chang, Cindy. “In Suburbs of L.A., a Cottage Industry of Birth Tourism.” Los Angeles Times, 3 Jan. 2013, articles.latimes.com/2013/jan/03/local/la-me-birthing-centers-20130104. Accessed 11 Mar. 2026.

“Consideration of Deferred Action for Childhood Arrivals (DACA).” U.S. Citizenship and Immigration Services, 24 Jan. 2025, www.uscis.gov/DACA. Accessed 11 Mar. 2026.

Dwyer, Devin. “A New Baby Boom? Foreign ‘Birth Tourists’ Seek U.S. Citizenship for Children.” ABC News, 13 Apr. 2010, abcnews.go.com/Politics/birth-tourism-industry-markets-us-citizenship-abroad/story?id=10359956. Accessed 11 Mar. 2026.

Hesson, Ted. “US Appeals Court Rejects Biden Program to Protect ‘Dreamers’ Immigrants.” Reuters, 17 Jan. 2025, www.reuters.com/world/us/us-appeals-court-rejects-biden-program-protect-dreamers-immigrants-2025-01-17. Accessed 11 Mar. 2026.

Kahn, Carrie. “Republicans Push to Revise 14th Amendment.” NPR, 5 Aug. 2010, www.npr.org/templates/story/story.php?storyId=129007120. Accessed 11 Mar. 2026.

Moslimani, Mohamad, and Jeffrey S. Passel. “What the Data Says about Immigrants in the US.” Pew Research Center, 21 Aug. 2025, www.pewresearch.org/short-reads/2024/09/27/key-findings-about-us-immigrants. Accessed 29 Mar. 2026.

Passel, Jeffrey S., and Jens Manuel Krogstad. “U.S. Unauthorized Immigrant Population Reached a Record 14 Million in 2023.” Pew Research Center, 21 Aug. 2025, pewresearch.org/race-and-ethnicity/2025/08/21/u-s-unauthorized-immigrant-population-reached-a-record-14-million-in-2023/. Accessed 11 Mar. 2026.

Preston, Julia. “Anchor Baby: A Term Redefined as a Slur.” The New York Times, 8 Dec. 2011, www.nytimes.com/2011/12/09/us/anchor-baby-a-term-redefined-as-a-slur.html. Accessed 11 Mar. 2026.

“US Supreme Court to Consider Trump’s Bid to End Birthright Citizenship.” Al Jazeera, 5 Dec. 2025, www.aljazeera.com/news/2025/12/5/us-supreme-court-to-consider-trumps-bid-to-end-birthright-citizenship. Accessed 13 Mar. 2026.

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