temporary legal status

TIJUANA, Mexico — Vivianne Petit Frere’s brightly painted Haitian restaurant sits blocks from the towering U.S. border wall in Tijuana.

Called Lakou Lakay, the name in Haitian creole means “home,” and it reflects her family’s deepening roots in their adopted homeland where her granddaughter was born two years ago, automatically making her a Mexican citizen.

Like the United States, Mexico extends citizenship to children born within its borders.

President Trump insists the U.S. is the only nation to do so as he seeks to deny birthright citizenship for children whose parents are living in the country illegally or have temporary legal status.

The U.S. Supreme Court is expected to weigh in soon on the constitutionality of his birthright citizenship order. Trump signed it on Jan. 20, 2025, the first day of his second term, amid his Republican administration’s broad immigration crackdown. The idea has faced skepticism from conservative and liberal justices alike.

In April, Trump posted on Truth Social: “We are the only Country in the World STUPID enough to allow ‘Birthright’ Citizenship!”

In fact, about three dozen countries, mostly in the Americas, guarantee automatic citizenship to children born on their territory — among them, Canada, Honduras, Brazil, Argentina, Venezuela and of course, Mexico.

Petit Frere fled Haiti in 2019. She traveled from Brazil and walked through the Panamanian jungle to Mexico chasing the so-called American Dream with the intention of crossing the border and settling with relatives in Florida. But she soon learned that was an illusion, while Mexico opened its doors.

Her restaurant’s name symbolizes in her Haitian culture a shared space affording a sense of belonging. On the walls she has framed signs in Spanish, English and Creole that make clear it is more than an eatery offering tasty traditional Haitian dishes, such as fish with plantains, and rice and beans.

“Every dish tells a story, every detail connects cultures,” one sign says. “We aim to promote an authentic cultural exchange between two peoples with similar historical roots yet where Haitian identity proudly blossoms on Mexican soil.”

In just over five years in Tijuana, Petit Frere has established a thriving business, become fluent in Spanish and is getting a degree in social work.

And she welcomed the first generation Mexican in her family, her granddaughter, Alexca.

There are no figures on how many children born to noncitizens have received Mexican birthright citizenship. Tens of thousands of Haitians are living in Mexico. In 2021, when Mexico saw a significant increase in Haitian migration, at least 10 percent of arriving Haitian women were pregnant, according to the United Nations’ International Organization for Migration.

Citizenship and birth

In the U.S., birthright citizenship was enshrined after the Civil War through the 14th Amendment to the Constitution, in part to ensure former slaves would be citizens.

The right was expanded to immigrants’ children in the late 1800s when the Supreme Court ruled nearly anyone born in the U.S. — no matter their parents’ legal status — has citizenship.

The practice, many legal historians believe, dates to the 1600s and 1700s, with European rulers encouraging migration to the expanding American colonies. Those colonists, though, wanted any of their children born overseas to retain European citizenship.

So even as the colonial boundaries shifted “you’re a citizen as long as you’re born within the domain of the king, of the monarch,” said César Cuauhtémoc García Hernández, a law professor at Ohio State University. “But the legal tie between the home country in Europe and the settlers remained strong through the promise of birthright citizenship.”

Dominican Republic removed birthright citizenship

In 2007, the Dominican Electoral Council officially ordered the denial of citizenship to all children born to parents without legal status.

Six years later, a Dominican court applied it retroactively to 1929.

Over a decade later, as many as 130,000 people remained stateless despite passage of a law in 2014 to correct the court decision after it drew strong international condemnation, according to the Center for Migration Studies of New York. The law now impacts the next generation, which remains vulnerable to deportation.

Her growing Mexican family

Petit Frere was born in French Saint Martin, a Caribbean island that does not offer automatic birthright citizenship. She and her mom, who is Haitian, were deported to Haiti when she was 6.

Petit Frere left Haiti seeking a better life. She was dismayed to discover when her teenage daughter left Haiti to be reunited with her in Tijuana three years later, she was nearly five months pregnant. She had been a teen mother herself and had hoped for a different path for her daughter.

But Alexca, a bubbly toddler who giggles and runs about, has conquered her grandmother’s heart. Petit Frere said she’s grateful her granddaughter was born in Mexico rather than Haiti, where surging gang violence has left more than 1 in 10 homeless.

A Mexican passport will make travel easier, she said. Few nations allow Haitian passport holders to visit visa-free.

“As a Mexican citizen, she will have more opportunities,” Petit Frere said.

That’s also true for her three nieces who were born in Brazil and were made automatic citizens there, she said.

Petit Frere said she and her daughter had permanent residency in Mexico before her granddaughter was born. But other parents in Tijuana’s Haitian community did not. Mexico allows the parents of children with birthright citizenship to become permanent residents.

“There are a lot of children in Tijuana who are 6, 7, 8 years old now who are Mexican and their parents who are Haitian did not have legal status but now have become permanent residents because their children were born here,” she said.

Petit Frere started paperwork for Mexican citizenship, which would make it easier to expand her business.

Petit Frere also is a community organizer with the Haitian Bridge Alliance, advocating for the Haitian migrant community. She said she hopes to pursue another degree in international migration, possibly through a U.S. university.

“The children of immigrants are proving to be the most outstanding in the world,” she said. Efforts to limit birthright citizenship “could just be out of jealousy,” she said.

Watson writes for the Associated Press. AP writer Tim Sullivan in Minneapolis contributed to this report.

WASHINGTON — In a rare bipartisan moment, the House passed legislation Thursday that would extend temporary protections for Haitian immigrants, a long-shot effort fighting back against President Trump’s attempts to end the program.

The bill, pushed forward by House Democrats with a group of Republicans over the objections of the GOP leadership, would require a three-year extension of temporary protected status for Haitians by the Trump administration. That would allow hundreds of thousands of qualifying immigrants to remain in the United States without fear of deportation.

The vote was 224-204, drawing applause in the chamber. But it faces uncertainty in the Senate, and the Republican president would almost certainly seek to veto it.

“I know firsthand how important our Haitian neighbors are to our communities, to our civic life, to our culture, to our workforce, to our economy,” said Democratic Rep. Ayanna Pressley of Massachusetts, who is co-chair of the House Haiti Caucus and represents one of the largest Haitian communities in the country.

During the debate, she recounted the number of Haitian immigrants working in healthcare, housing construction and other industries. Haitians with temporary legal status “are not the problem, quite the contrary, they are part of the solution,” she said.

Pressley has said deporting Haitians back to the troubled Caribbean country would be a “death sentence,” given the effects of natural disasters and gang violence. “Congress can do the right thing,” she said.

Ten Republicans, many from districts with large numbers of Haitian residents, joined all Democrats and one independent in voting for passage.

Congress tries to act before the Supreme Court does

The effort to help 350,000 Haitians living lawfully in the United States comes as the administration is working to end the temporary legal status for several groups, exposing them to deportation.

In less than two weeks, the Supreme Court is prepared to consider a fast-track case that would end the protected status for Haitian and Syrian immigrants in a challenge widely seen as threatening the broader program. The administration filed emergency appeals after lower courts stopped the immediate end of the program.

It is part of the administration’s efforts to strip certain immigrant groups of legal status as the White House works to fulfill Trump’s campaign promise of conducting the largest mass deportation operation in history. Some 1.3 million people fleeing countries around the world have been granted temporary protected status in the U.S.

The protections for Haiti, first approved after a devastating 2010 earthquake, have been extended multiple times. The State Department warns Americans not to travel to Haiti “due to kidnapping, crime, terrorist activity, civil unrest.”

Guerline Jozef, executive director of the Haitian Bridge Alliance, an advocacy organization, fought back tears as she described the fear of deportations coursing through the community.

“We are asking, where will you be? On the right side of history?” she said at a news conference outside the Capitol. “Or continuing to cause trauma to people who are asking for nothing other than safety and protection?”

Trump has described migrants from poorer countries in vulgar terms, and he has falsely accused Haitian migrants in Ohio of eating their neighbors’ cats and dogs.

The conservative majority court has allowed the end of temporary legal status for a total of 600,000 people from Venezuela while lawsuits play out, leaving them to face potential deportation.

Lawmakers debate whether to help Haitians or stick with Trump

Rep. Laura Gillen (D-N.Y.) whose district includes Long Island’s Haitian community, said she promised constituents she would work to protect their status. She introduced the legislation with Republican Rep. Mike Lawler of New York as soon as she took office last year.

“It’s cruel to expect Haitians to be forced to return to these deadly, dangerous conditions,” she said at a news conference. “Human lives are at risk.”

Lawler said there are differences of opinion on immigration policy, but that Haitian immigrants have become vital to his community and forcing them out would be unjust and unwise.

“They are small business owners, they are nurses, they are caregivers, they participate in our economy and take care of American citizens,” he said. “Congress has a responsibility to act.”

But Rep. Jim Jordan (R-Ohio) decried the number of immigrants, including Haitians, who have entered the U.S., and cited Democratic efforts to halt funding for enforcement and deportation efforts.

“Make temporary permanent,” he said, “that’s their plan.”

Rep. Brandon Gill (R-Texas) said the program was “backdoor amnesty” for foreigners.

To Rep. Tom McClintock (R-Calif.), the temporary status first granted under the Obama administration has become “an open-ended invitation” for immigrants to enter the country, including some illegally, and remain.

“The Trump administration has heeded the cries of the American people,” he said.

Using a discharge petition to force votes

The vote was the latest effort by House Democrats to maneuver past the Republican majority using a discharge petition — once a rare tool, but now used increasingly to form bipartisan coalitions.

The discharge petition process forces the bill to the House floor for consideration, powering past House Speaker Mike Johnson (R-La.) and GOP leaders. It was used to help pass legislation that required the Justice Department to release the files of the sex trafficking investigation of Jeffrey Epstein.

Republicans hold a slim majority in the House and are typically able to swat back such efforts from Democrats. But Democrats and Republicans have formed bipartisan alliances to reach the majority needed on the discharge petitions.

Pressley’s effort to discharge the bill won support from four Republicans on the initial petition, and several more once it came to the floor vote.

Mascaro writes for the Associated Press.