Immigration Lawyers Break Down Supreme Court’s Birthright Citizenship Ruling for HRMorning

In an article for HRMorning, Ogletree Deakins immigration lawyers Dhariana Rios, Steve Smalley, and Jennifer Cofer explain what the U.S. Supreme Court’s ruling in Trump v. Barbara means for employers. The Court rejected the administration’s attempt to limit birthright citizenship through executive action, leaving intact the Fourteenth Amendment’s guarantee that children born in the United States are citizens at birth regardless of their parents’ immigration status.

Thus, the ruling does not require employers to take any action, but it reinforces a broader point: sweeping changes to U.S. citizenship policy cannot be made through unilateral executive action alone. Rios, Smalley, and Cofer caution HR teams against reacting to immigration proposals before they take legal effect, and instead point to several pending developments that carry more direct consequences for employers, including conflicting court rulings on the $100,000 H-1B supplemental fee, the Department of Labor’s proposed prevailing wage rule, and DHS’s proposal to end “duration of status” for F-1 students and J-1 exchange visitors.

Read the HRMorning article here.