President Donald Trump’s attempt to limit birthright citizenship was ruled unconstitutional by a second U.S. appeals court, marking another setback for his strict immigration policies, which may ultimately be determined by the U.S. Supreme Court.
Five federal courts have rejected President Donald Trump’s executive order aimed at ending automatic citizenship for children of individuals in the U.S. illegally or temporarily.
The U.S. Supreme Court is expected to deliver a final ruling on birthright citizenship.
US citizenship is currently granted to all American-born newborns; however, President Trump’s executive order on birthright citizenship could change this by affecting the eligibility of all newborns in America. Implementation plans are being formulated, but the courts have yet to rule on the order.
Trump’s Executive Order
President Trump’s executive order (EO) limits automatic birthright citizenship to children who have at least one parent who is a US citizen or lawful permanent resident with a green card, but excludes those with illegally present or temporary US parents, such as H-1B foreign workers and F-1 study visa holders.
Following the implementation plans of the Department of State and USCIS, the Social Security Administration has announced its strategy to execute the President’s order once it is in effect.
Social Security Administration
Social Security Numbers (SSNs) are assigned under the Social Security Act to ensure proper management of wage and earnings data for Social Security program administration. They are also granted to noncitizens eligible for work in the U.S., regardless of citizenship status.
According to the Social Security Act, applicants for a Social Security Number (SSN) must provide sufficient proof of citizenship or foreign status. Currently, a birth certificate indicating a US birthplace can confirm citizenship; however, this may change once the Executive Order (EO) is implemented, potentially requiring more documentation.
Once the EO is enacted, birth certificates indicating a U.S. birthplace will no longer serve as adequate proof of U.S. citizenship for individuals born thereafter. The SSA will mandate evidence confirming that at least one parent is a U.S. citizen or holds an eligible immigration status at the time of the individual’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.
What Will Change
Once the EO takes effect, SSA will revise its internal manuals to provide that SSA will continue to abide by existing regulatory evidence requirements for the applicant while also requiring acceptable evidence to demonstrate that at least one parent is a U.S. citizen or in an eligible immigration status.
These instructions would set out steps to be taken where (1) the applicants’ parent do not apply for their child’s SSN through the Enumeration at Birth program and (2) parents or applicants seek certain replacement cards.
Additional evidentiary requirements that a parent must provide
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; or
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
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 US green card holders can demonstrate their status by presenting the Permanent Resident Card (Form I-551), a Machine Readable Immigrant Visa (MRIV) with Temporary I-551 notation, or other verification from the Department of Homeland Security or federal records confirming lawful permanent residence.
Furthermore, if an applicant’s mother claims lawful permanent presence, she must provide evidence, like a Form I-94 that verifies asylum or refugee status.