A Cuban woman residing in the United States took to TikTok to defend herself against criticism regarding her decision to become a mother without having legal status in the country. Known as @susaily on the platform, she shared her story of waiting and sacrifice over many years. "I usually don't respond to these kinds of comments because I prefer to engage with positive feedback to help others, but sometimes people need a reality check," she began in her video.
Addressing the comment, "Why do you have children without legal status?" she replied, "Do you know me? [...] I waited 15 years to have my baby, something I couldn't achieve in my home country. I had to flee just like many other Cubans. My child was conceived through in vitro fertilization, which I could do here, thankfully. I didn't enter with parole or through the 'front door' like many others; I ended up with an I-220A, just like countless other mothers."
She further defended her decision: "Do you think everyone will wait to have legal status before having a child? [...] The important thing is to have your child in the land of freedom. While I may not have legal status, at least I achieved my goal: my child is an American citizen."
She also disclosed a seven-year family petition: "I was going to enter this country legally, but circumstances forced me to come sooner. My petition came through while I was already here, and it's included in my asylum case." She concluded with advice: "Don't spread negativity on people's profiles. Speak kindly, leave positive comments, and you'll be rewarded for it."
The video received hundreds of supportive comments. One user shared, "I'm in the same situation, and that was the best response you could give [...] we want to offer our babies opportunities we didn't have." Another added, "Life goes on, with or without legal status. We need to pursue dreams we couldn't achieve back home."
Many women shared similar experiences: "I had no legal status, now I have my residency and my baby [...] stay positive, and everything will work out," "Legal status doesn't define a person, nor does it prevent one from being a mother," were among the responses.
Recently, the same woman highlighted the vulnerability of those with the I-220A form after ICE detained a young Cuban in Florida. She stated, "I am I-220A, so is my husband. We have a court date. We have a baby. What they are going through could happen to us too."
This issue gains traction amidst ongoing legal battles over whether children of immigrants retain automatic citizenship at birth. In January, former President Donald Trump signed an executive order to revoke this right for children of individuals without legal status, sparking lawsuits and injunctions.
Weeks later, a federal appeals court ruled the order unconstitutional, dealing a judicial blow to the administration. Despite this, the U.S. Citizenship and Immigration Services (USCIS) prepared an operational plan to enforce the measure if courts permit.
For now, the 14th Amendment remains in effect, ensuring that "all persons born or naturalized in the United States, and subject to its jurisdiction, are citizens of the United States and the state wherein they reside."
Understanding the Impact of I-220A and Citizenship Laws
What is an I-220A form?
The I-220A form, also known as an "Order of Release on Recognizance," is given to certain immigrants in the U.S. who are released from detention but are still under supervision. It does not provide legal status but allows them to remain in the country temporarily.
Can children born in the U.S. to non-citizen parents still receive citizenship?
Yes, under the 14th Amendment, children born in the United States are granted citizenship, regardless of their parents' legal status, as long as they are subject to U.S. jurisdiction.
What are the current challenges to birthright citizenship in the U.S.?
There have been executive orders and legal challenges attempting to revoke birthright citizenship for children of non-citizens. However, such efforts have faced constitutional challenges, and the 14th Amendment still guarantees this right.