To deny a woman’s right to confer citizenship is to deny her full humanity. This assertion encapsulates the critical human rights issue in the United States concerning birthright citizenship (jus soli). The US stands at a pivotal juncture, potentially revoking birthright citizenship, disproportionately impacting women and children in immigrant communities. This regressive shift threatens over a century of legal precedent and challenges fundamental human rights, gender equality, and global understandings of citizenship and dignity.

The cornerstone of birthright citizenship is firmly enshrined in American jurisprudence through the 14th Amendment. Ratified after the Civil War, it guarantees citizenship to all persons born or naturalized in the US and subject to its jurisdiction. Landmark Supreme Court decision in United States v Wong Kim Ark reaffirmed this principle, guaranteeing citizenship to virtually all children born on US soil, irrespective of their parents’ immigration status. Any attempt to overturn this constitutional foundation is legally dubious and could render thousands of children stateless, exacerbating gender inequalities and violating international human rights treaties.

The United States is bound by a web of international agreements that affirm the universal right to nationality, including the Universal Declaration of Human Rights and the International Convention on Civil and Political Rights, which recognise nationality’s fundamental role in securing rights and protections. Stripping birthright citizenship would place the US in direct contravention of these obligations, undermining its moral authority in championing human rights globally.

Beyond legal implications, revoking birthright citizenship would significantly harm women’s health. Fear of deportation and legal uncertainty would deter immigrant women, especially those without legal status, from seeking essential prenatal and postnatal care. The American Journal of Obstetrics and Gynecology reported a 15% increase in preterm births among immigrant women in states with prevalent anti-immigrant rhetoric. This alarming trend is compounded by a growing reluctance among undocumented women to seek prenatal care, with a survey by the National Institutes of Health survey found that over 40% of undocumented pregnant women have delayed or avoided medical care due to deportation fears, a figure that has doubled since 2020. Further, Center for Reproductive Rights reports that nearly 60% of Latina immigrant women in the US delay or avoid medical care due to immigration-related fears. These statistics underscore the devastating human cost of such policies on women’s well-being.

The threat of revoking birthright citizenship has already had tangible consequences. The Washington State Attorney General Nick Brown led a multistate federal lawsuit challenging President Donald Trump’s executive order to end birthright citizenship, arguing that it violates the 14th Amendment and the Immigration and Nationality Act. Around the same time, three US judges temporarily blocked the order, highlighting the legal challenges and international scrutiny surrounding the issue. Hospitals report a surge in emergency deliveries, as expectant mothers seek to give birth before legal changes take effect. Medical professionals have documented cases of premature labour triggered by stress, with some women avoiding medical intervention due to immigration fears.

Legal precedent firmly establishes that citizenship, once conferred, cannot be arbitrarily revoked. In Afroyim v Rusk, the Supreme Court held that citizenship is ‘no light trifle to be jeopardized any moment Congress decides to do so under the name of one of its general or implied grants of power.’ This principle was further reinforced in Vance v Terrazas, which established that citizenship can only be relinquished through the citizen’s voluntary act, not by unilateral government action.

The battle to preserve birthright citizenship transcends legal argumentation, it is a fundamental human rights imperative with profound implications for women’s rights and gender equality. The US must not emulate nations that erase the identities of their most vulnerable populations under the guise of national sovereignty. Upholding the 14th Amendment, honoring international human rights commitments, and ensuring gender justice demand an unequivocal rejection of this regressive policy.

As the world watches, history will judge those who remain silent in the face of blatant human rights violations. This moment calls for moral clarity and a renewed commitment to protecting the rights of all women and children, regardless of origin or status. Birthright citizenship is not just a legal issue, it is a moral imperative, a defense of women’s rights, and a reaffirmation of shared humanity.