On January 20, 2024, President Donald Trump signed an Executive Order to restrict birthright citizenship, set to take effect on February 19, 2025. Currently, the Executive Order is on hold due to injunctions issued by two federal judges, following lawsuits filed by twenty-two states and various immigration rights groups. This hold will remain in place for the duration of the legal proceedings. If the lawsuits are unsuccessful, individuals born in the United States will not be recognized to be a U.S. citizen if, at the time of their birth:
a) their mother was unlawfully present, and their father was neither a lawful permanent resident nor a U.S. citizen, or
b) their mother had a lawful but temporary status, and their father was neither a lawful permanent resident nor a U.S. citizen.
Lawful, temporary status includes, but not limited to, those visiting under the Visa Waiver Program, tourist visas (B-1/B-2), student visas (F-1), or work visas (H-1B, L-1, O-1, P-1, TN).
Under this Executive Order, federal agencies will cease issuing documents recognizing U.S. citizenship and will not accept State or local documents purporting to do so. Consequently, children that meet the criteria describe above and born after February 19, 2025, will not be issued U.S. passports.
Twenty-two states, along with Washington D.C., San Francisco, and several civil rights organizations, have sued to block the President’s order, challenging its legality. The 14th Amendment has traditionally granted U.S. citizenship to those born in the United States. While the President cannot amend the Constitution, his executive order states that the 14th Amendment has “never been interpreted” to universally grant citizenship to anyone born in the U.S. regardless of their parents’ immigration status.
The 14th Amendment was ratified in 1868 after the Civil War, granting citizenship to all persons born in the U.S., including those formerly enslaved, and to guarantee legal rights and protections to Black citizens. It states: “all persons born or naturalized in the United States, and subject to the jurisdiction thereof are citizens of the United States.” For over a century, it has provided citizenship to all persons born on U.S. soil. The U.S. Supreme Court upheld birthright citizenship in United States v. Wong Kim Ark, 169 U.S. 649 (1898), holding that children born in the U.S. to non-citizen parents are U.S. citizens, which was reaffirmed in Plyler v. Doe, 457 U.S. 202 (1982), holding that undocumented immigrants and their children are subject to the jurisdiction of the U.S. and are entitled to the 14th Amendment’s protections. As such, the Executive Order significantly alters U.S. citizenship rules, particularly impacting families on temporary visas or in unlawful status.
Since taking office, President Trump has now issued at least 10 Executive Orders affecting immigration policies. In the forthcoming weeks, we anticipate further immigration-related executive orders to be signed. LPPC is committed to providing comprehensive support and guidance as clients navigate these changes. Contact us today to discuss your immigration matters and develop a tailored immigration plan.
This blog was published on February 12, 2025. Changes may occur due to frequent policy updates. Please keep up to date by following us on LinkedIn.
