Executive Order on Birthright Citizenship

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President Trump has signed the Executive Order PROTECTING THE MEANING AND VALUE OF AMERICAN CITIZENSHIP limiting birthright citizenship for certain groups of children born in the United States after February 19, 2025. The order specifies that children born on or after this date will not be granted U.S. citizenship if:

·       Their mother was unlawfully present in the United States at the time of their birth and their father was not a U.S. citizen or lawful permanent resident.

Reference: “The privilege of United States citizenship does not automatically extend to persons born in the United States… when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident.” (Sec. 1)

·      Their mother was lawfully, but temporarily, in the United States (e.g., on B-1/B-2 visitor, F-1 student, H-1B, L-1, or another temporary visa) and their father was not a U.S. citizen or lawful permanent resident.

Reference: “The privilege of United States citizenship does not automatically extend to persons born in the United States… when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary.” (Sec. 1)

Federal agencies are directed to cease issuing documents recognizing citizenship for these children and reject documents from State and local authorities purporting to do so. This may affect children of foreign nationals in employment-based nonimmigrant visa statuses, who could face barriers to obtaining U.S. passports and instead require dependent immigration documentation.

Examples of Impacted Families

1.      H-1B Worker Expecting a Child in the U.S.:

An engineer working in the U.S. on an H-1B visa is expecting a child. The mother is on an H-4 dependent visa. Under this executive order, if the father does not have lawful permanent resident status or U.S. citizenship, the child will not automatically receive U.S. citizenship at birth and may require H-4 dependent status instead.

2.      International Executives:

A senior executive temporarily assigned to the U.S. on an L-1 visa brings their spouse, who is also on a dependent visa. If the couple has a child during their assignment, and neither parent holds U.S. citizenship or lawful permanent resident status, the child will not receive U.S. citizenship.

3.      Student on an F-1 Visa:

An international student pursuing a master’s degree in the U.S. under an F-1 visa gives birth to a child. If the child’s father is not a U.S. citizen or lawful permanent resident, the child will not be eligible for U.S. citizenship and may need to obtain dependent status to remain in the country.

4.      Visitor on a Tourist Visa:

A tourist visiting the U.S. under a B-2 visa has a child during their stay. If the child’s father is not a U.S. citizen or lawful permanent resident, the child will not qualify for birthright citizenship and will instead need appropriate documentation to align with the mother’s immigration status.

5.      Undocumented Mother:

A woman who is undocumented gives birth to a child in the U.S. If the father is also undocumented or lacks lawful permanent resident status, the child will not automatically acquire U.S. citizenship under the terms of this order.

Consequences:

Birthright citizenship is the principle protected by the Fourteenth Amendment and the Citizenship Clause. Ratified in 1868, this clause overturned the Dred Scott decision and affirmed that all persons born in the United States, and subject to its jurisdiction, are citizens. The U.S. Supreme Court confirmed this interpretation in United States v. Wong Kim Ark. To implement a policy change on birthright citizenship, it would be necessary to amend the U.S. Constitution.

Contributed by Nan Park, Claudia Tinoco, Ciara Melville

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