One of the first Executive Orders Donald Trump issued, was an executive order aimed at limiting birthright citizenship in the United States.

This order challenges the traditional interpretation of the Fourteenth Amendment’s Citizenship Clause, and asserts that the Fourteenth Amendment has never been interpreted to extend citizenship universally to all individuals born in the U.S.

Key Points of the Executive Order

The order states that the United States does not automatically extend birthright citizenship to children born under the following circumstances:

1. When the child’s mother is unlawfully present in the U.S. and the father is not a U.S. citizen or lawful permanent resident at the time of the child’s birth.
2. When the child’s mother’s presence in the U.S. is lawful but temporary, such as if she is visiting on a tourist visa, under the Visa Waiver Program, or has a student or even a long term work visa, such as an E-2 investor visa, H-1B skilled professional visa or O-1 visa for individuals of extraordinary ability, and the father is not a U.S. citizen or lawful permanent resident.

Section 2 of the order directs U.S. government agencies to stop issuing documents that recognize U.S. citizenship for individuals in the affected categories.

The order was set to take effect on February 19, 2025, applying only to individuals born after this date.

What’s Not Affected by This Order

It’s important to note that the order does not affect the citizenship of children born to lawful permanent residents (green card holders), U.S. citizens, or those whose parents meet the criteria established by Congress and the Fourteenth Amendment.

The order also does not retroactively rescind U.S. citizenship previously granted to those who would now be affected and only applies to individuals born after the order takes effect, meaning that children born prior to the enforcement date will not be impacted by this change.

Legal Challenges and Judicial Response

The order already faced immediate legal challenges:

• On January 21, 2025, eighteen states, along with the American Civil Liberties Union (ACLU), filed lawsuits arguing that the order violates the Fourteenth Amendment, which guarantees citizenship to all individuals born on U.S. soil, regardless of their parents’ immigration status.
• On January 23, 2025, U.S. District Judge John C. Coughenour in Seattle temporarily blocked the executive order by temporary restraining order, describing it as “blatantly unconstitutional.” This ruling prevents federal agencies from implementing the order while legal proceedings continue.

This temporary restraining order blocked the administration from enforcing or implementing Trump’s order nationally for the next 14 days.

Over the next two weeks, the sides will submit further briefings on the legal merits of the executive order and decide whether to issue a preliminary injunction, which would block the executive order long term while the case proceeds.

As of now, the executive order is not in effect. However, the situation remains fluid, and the legal battle over this executive order is expected to progress through the courts, potentially reaching the Supreme Court.

Looking Forward: What Can Immigrant Families Do?

If you or someone you know is affected by this policy, it’s critical to stay informed and seek legal counsel to understand your rights and options. Birthright citizenship has been a cornerstone of U.S. law for over a century, and any attempt to limit it will have far-reaching consequences.

We will continue to monitor this situation closely and are here to assist families who may face challenges as a result of this executive order. Please don’t hesitate to contact our office for individual guidance on how this may impact your family’s citizenship status or other immigration-related matters.