President Trump’s executive order on birthright citizenship could potentially alter the eligibility of newborns in the United States for U.S. citizenship, which is currently available to all American-born newborns. Although the courts have not yet ruled on the order, US authorities have floated the implementation plans.
President Trump’s executive order excludes children of parents who are illegally present or hold temporary U.S. visas, such as H-1B or F-1 visa holders. The executive order restricts birthright citizenship only to children with at least one U.S. citizen or lawful permanent resident parent.
The Department of State and USCIS had already announced their implementation plans. The Social Security Administration (SSA) has also announced its plan to implement the President’s order when it is implemented.
Social Security Numbers
Social Security Numbers (SSNs) issued by the Social Security Administration will be in focus. According to the Social Security Act, SSN applicants must submit adequate proof of citizenship or foreign status to be issued a SSN.
SSNs are also issued to noncitizens who are eligible to work even though they do not hold US citizenship.
Currently, an SSN applicant can prove US citizenship by producing a birth certificate indicating a birthplace in the United States. However, once Trump’s executive order (EO) on birthright citizenship goes into effect, proving US citizenship by showing the birth certificate may not be enough.
Proof of a Person’s Birth
Once the EO takes effect, a birth certificate showing a U.S. place of birth will not be sufficient documentary evidence of U.S. citizenship for persons born after the EO takes effect.
To comply with the EO, SSA will require evidence that such a person’s mother and/or father is a U.S. citizen or in an eligible immigration status at the time of the person’s birth.
Essentially, the SSA will require proof of a person’s birth, indicating that their parents were U.S. citizens or in an eligible immigration status at the time of birth.
New Rules Proposed
Once the EO takes effect, SSA will revise its internal manuals to provide that they will be requiring acceptable evidence to demonstrate that at least one parent is a U.S. citizen or in an eligible immigration status.
If the applicant’s mother or father alleges Lawful Permanent Residency, then the acceptable evidence of Lawful Permanent Residency will be an SSN record of either parent that indicates they are a lawful permanent resident.
The other way for the US green card holders will be to show the Permanent Resident Card (Form I-551), Machine Readable Immigrant Visa (MRIV) with Temporary I-551 notation or other verification from the Department of Homeland Security, or other Federal records confirming lawful and permanent residence.
If the applicant’s mother alleges Lawful Permanent Presence, she has to provide evidence of lawful permanent presence, such as a Form I-94 with a stamp confirming asylum or refugee status.
For a Mother or Father born before the EO takes effect, acceptable evidence of U.S. citizenship includes an SSN record of either parent that indicates citizenship or a U.S. place of birth.
For a Mother or Father born after the EO takes effect, acceptable evidence of U.S. citizenship includes:
a. Certificate of naturalization
b. Certificate of citizenship
c. U.S. passport issued per the EO
d. U.S. citizen identification card issued by the Department of Homeland Security
e. Consular report of birth
f. Other verification from the Department of Homeland Security, U.S. Department of State,
or Federal or State court records confirming citizenship.
g. Documents establishing a U.S. place of birth plus evidence of parents’ U.S. citizenship or eligible immigration status