On January 20, 2025, President Trump issued a groundbreaking executive order redefining certain aspects of birthright citizenship in the United States. This order emphasizes the constitutional framework of citizenship under the Fourteenth Amendment and aims to clarify its scope in contemporary contexts.
The Fourteenth Amendment and Its Legacy
The Fourteenth Amendment, ratified in 1868, established that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." This provision famously repudiated the infamous Dred Scott v. Sandford decision, which denied citizenship to people of African descent based solely on their race.
While the amendment guarantees citizenship to those "subject to the jurisdiction" of the United States, this phrase has always excluded specific categories of individuals. For example, children of foreign diplomats born on U.S. soil are not considered U.S. citizens. The new executive order builds on this historical interpretation, further refining its application.
Who Is Affected by the Executive Order?
The executive order explicitly states that U.S. citizenship will not be granted automatically to individuals born in the United States under the following circumstances:
Unlawful Presence.
If the mother was unlawfully present in the United States at the time of birth and the father was neither a U.S. citizen nor a lawful permanent resident.
Temporary Presence.
If the mother was lawfully present but on a temporary basis (e.g., on a tourist, student, or work visa) and the father did not hold U.S. citizenship or lawful permanent resident status.
This policy will apply only to individuals born in the United States after 30 days from the issuance of this executive order.
Implementation and Policy Enforcement
The order directs federal agencies, including the Departments of State, Homeland Security, and Justice, to ensure compliance. These agencies must update their regulations and public guidance within 30 days to align with the new policy.
It is important to note that this order does not affect the rights of other individuals, such as children born to lawful permanent residents, who remain eligible for U.S. citizenship.
Implications for Immigration Policy
This executive order signifies a significant shift in the interpretation of birthright citizenship and reflects the administration's broader efforts to reform immigration policies. By narrowing the scope of automatic citizenship, the order seeks to address concerns related to undocumented immigration and the misuse of temporary visa programs.
However, it is likely to spark heated legal and political debates. Critics may argue that the order oversteps constitutional boundaries, while supporters view it as a necessary measure to safeguard the integrity of U.S. citizenship.
Bloomrich's Recommendations
At Bloomrich Law Firm, we expect that there will be many more changes in U.S. immigration policy with the new president in office. Therefore, we would like to once again emphasize how important it is to approach U.S. immigration legally and responsibly with regard to all documentation. If your application or petition is under review, be sure to keep all copies of notices. If your request is approved, always retain the approval notices. If you have an attorney, make sure to have your G-28 form, which authorizes your attorney to represent your case. If you are unsure and don’t know how to legalize your status in the U.S., reach out to an immigration attorney for assistance.
Conclusion
President Trump’s executive order underscores the ongoing evolution of immigration and citizenship policies in the United States. As federal agencies begin to implement the order, its real-world impact will become clearer. For individuals and families affected by these changes, staying informed and seeking professional legal advice will be essential.
Stay tuned for further updates as this important policy unfolds.
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