Executive Order Ending Birthright Citizenship for Children of Temporary Visa Holders and Unlawful Persons

Posted by Nishu Sharma | Jan 20, 2025 | 0 Comments

On January 20, 2025, President Trump signed an executive order ending birthright citizenship for specific categories. The executive order noted that the Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States. The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not subject to its jurisdiction.

The Executive Order will apply only to persons who are born within the United States after 30 days from the date of this order, i.e., this executive order will apply after February 19, 2025. Also, this executive order will not affect the children of lawful permanent residents.

Most importantly, Section 2 of the Executive Order states:

(a) It is the policy of the United States that no department or agency of the United States government shall issue documents recognizing United States citizenship or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship, to persons: (1) when that person's mother was unlawfully present in the United States, and the person's father was not a United States citizen or lawful permanent resident at the time of said person's birth, or (2) when that person's mother's presence in the United States was lawful but temporary, and the person's father was not a United States citizen or lawful permanent resident at the time of said person's birth.

(b) Subsection (a) of this section shall apply only to persons who are born within the United States after 30 days from the date of this order.

(c) Nothing in this order shall be construed to affect the entitlement of other individuals, including children of lawful permanent residents, to obtain documentation of their United States citizenship.

The word temporary includes individuals visiting the US on the Visa Waiver Program or visiting on a student, work, or tourist visa.

Disclaimer

We regularly update our blog section to acquaint the community with the latest changes in Immigration policies. Please note the information in this blog is for informational purposes only and is not intended to be nor should it be construed as legal advice. We can promptly and efficiently represent clients located anywhere in the US or abroad on US Immigration Policies. If you seek further clarification, don't hesitate to contact SanSha Law Office at [email protected] or call us at 469-777-6161.

About the Author

Nishu Sharma

Ms Nishu Sharma is the founder and Managing Attorney of SanSha Law Offices PLLC. It was founded on the principle and commitment to serve the people with the best service that we can provide. The firm has served clients from Texas and other states of the US. She has handled all kinds of complex im...

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