The White House recently issued an executive order redefining aspects of U.S. birthright citizenship. Learn more about the key points of the announcement and what it might mean for those affected.
What Does the Executive Order Say About Birthright Citizenship?
The new executive order emphasizes that U.S. citizenship is a “priceless and profound gift.” It reiterates the Fourteenth Amendment’s principle: individuals born or naturalized in the U.S. and “subject to the jurisdiction thereof” are citizens. However, the order reexamines the interpretation of this clause, restricting automatic citizenship for certain individuals born on U.S. soil.
Under this order, birthright citizenship will no longer be automatically granted in two scenarios:
- If the mother was unlawfully present in the U.S. at the time of birth, and the father was neither a U.S. citizen nor a lawful permanent resident.
- If the mother was in the U.S. lawfully but temporarily (e.g., on a student, work, or tourist visa) and the father was neither a U.S. citizen nor a lawful permanent resident.
This policy applies exclusively to children born in the U.S. more than 30 days after the order’s issuance date.
Why Was This Change Made?
The executive order seeks to clarify the application of the Fourteenth Amendment and align it with statutory language in 8 U.S.C. § 1401, which governs citizenship. The administration frames the policy as a way to ensure that U.S. citizenship is granted in accordance with both constitutional and legislative standards.
This move builds on historical interpretations, emphasizing that birthright citizenship is not universally extended to all individuals born within U.S. borders but is contingent upon the legal status of their parents.
Who Will Be Affected by These Changes?
This policy will primarily impact children born to:
- Undocumented mothers whose partners lack lawful status in the U.S.
- Mothers in the U.S. on temporary visas (e.g., tourists, students, or short-term workers) if their partners are not U.S. citizens or lawful permanent residents.
Importantly, the executive order does not affect individuals born before its effective date or the rights of children born to lawful permanent residents.
How Will the Order Be Enforced?
The heads of federal departments, including the Secretary of State, Attorney General, and Secretary of Homeland Security, are tasked with ensuring the order’s implementation. Within 30 days, agencies must issue public guidance clarifying how the policy will apply to their operations, including the issuance of citizenship documents.
What Should Families Facing Immigration Challenges Do?
For families uncertain about how this executive order may affect them, seeking legal guidance is crucial. An immigration attorney can help assess individual circumstances and provide assistance with:
- Determining eligibility for citizenship.
- Handling documentation requirements.
- Exploring alternative pathways to lawful status.
Importantly, this executive order has already been challenged, and it’s probable that this issue will face continued opposition and may eventually make it all the way to the Supreme Court. The Lightman Law Firm will continue to update and inform our clients on this issue.
