President Donald Trump’s administration is rolling out plans to implement Trump’s Executive Order on Birthright Citizenship, once it gets a go-ahead from the Supreme Court.
President Trump’s executive order limits automatic birthright citizenship, which is protected by the Fourteenth Amendment, to children who have at least one parent who is a citizen or lawful permanent resident, while excluding those with illegally present or temporary US parents.
Implementation Plan
The Department of State has put out an Implementation Plan on Trump’s Executive Order on Birthright Citizenship.
Under Executive Order 14160, children of mothers whose presence in the United States is “unlawful” or “lawful but temporary” will not acquire U.S. citizenship unless the father is a Lawful Permanent Resident (LPR) or U.S. citizen or U.S. national at the time of the child’s birth.
Trump’s Executive Order prevents children of unlawfully or temporarily present mothers from acquiring U.S. citizenship unless the father is a Lawful Permanent Resident or U.S. citizen.
Additionally, Passport acceptance agents and agency staff will ask for original proof of parental citizenship or immigration status to verify a passport applicant’s U.S. citizenship status.
The passport application process involves acceptance and adjudication stages, ensuring the Department of State receives all necessary information and documentation to determine the applicant’s U.S. citizenship.
Categories of Acceptable Parental Status Provided by USCIS
Individuals born to a mother who has one of the following statuses acquire U.S. citizenship at birth in the United States under EO 14160.
a. U.S. citizens and nationals,
b. Native Americans born in Canada who entered the U.S. under INA 289,
c. Asylees,
d. Conditional Permanent Residents,
e. Lawful Permanent Residents (LPR), and
f. Refugees.
If the mother does not hold a qualifying status at the time of the child’s birth, the father must be a U.S. citizen, U.S. national, or LPR for the child to acquire citizenship under the 14th Amendment.
The Fourteenth Amendment of the U.S. Constitution guarantees citizenship to all children born in the United States, regardless of race, color, or ancestry. The Fourteenth Amendment’s Citizenship Clause states, “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”