The Trump Executive Order aims to end birthright citizenship for U.S.-born children whose father is not a US citizen or lawful permanent resident and whose mother is unlawfully or temporarily present in the USA.
The order mandates federal agencies to deny citizenship to such children, prohibiting the issuance of citizenship documents and bars agencies from accepting state or local documents affirming their citizenship.
The Trump executive order restricts automatic birthright citizenship to children with at least one US citizen or lawful permanent resident with a green card, excluding those with illegally present or temporary US parents, such as H-1B foreign workers and F-1 study visa holders.
A class action lawsuit is ongoing in the courts, with a preliminary injunction blocking the nationwide order. On July 23, a federal court of appeals upheld a nationwide injunction, finding Executive Order 14160 unconstitutional and blocking its enforcement nationwide as the only way to grant “complete relief” to the states involved.
The courts have not ruled on the order, but US authorities have begun formulating an implementation plan.
Department of State Implementation Plan
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.
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.
USCIS Implementation Plan
The USCIS memo reveals that children of asylees and refugees are exempt from the president’s policy, raising concerns about the Trump administration’s response to these non-citizens.
The executive order provides that the following categories of individuals will no longer be considered to be born ‘subject to the jurisdiction’ of the United States and, therefore, will no longer be U.S. citizens at birth:
(1) children whose “mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth”; and
(2) children whose “mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.”
USCIS has introduced a memorandum to clarify the meaning of “unlawfully present,” the definition of “lawful but temporary presence,” and whether children born to a “lawful but temporary” person would have lawful immigration status.
Children born in the United States to fathers who are not United States citizens, lawful permanent residents, or U.S. nationals and mothers who are in lawful but temporary status do not acquire United States citizenship at birth.
Social Security Administration Implementation Plan
Social Security Numbers (SSNs) are issued under the Social Security Act, permitting the SSA to maintain accurate wage and earnings information in order to administer Social Security programs.
SSNs are also issued to noncitizens who are eligible to work even though they do not hold US citizenship.
According to the Social Security Act, SSN applicants must submit adequate proof of citizenship or foreign status to be issued one. Currently, an SSN applicant can prove US citizenship by producing a birth certificate indicating a birthplace in the United States. However, once the EO goes into effect, proving US citizenship by showing the birth certificate may not be enough.
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.