President Donald Trump signed an executive order on Monday, January 20th, that limits birthright citizenship for individuals born in the United States. The order, titled Protecting the Meaning and Value of American Citizenship, narrows the interpretation of the Fourteenth Amendment, which has traditionally granted citizenship to all born in the U.S.
The executive order asserts that citizenship should not automatically be granted to children born in the United States if their mothers were unlawfully present or only temporarily in the country at the time of birth. The order excludes children born to mothers who were in the U.S. unlawfully or temporarily, such as those visiting on a student or tourist visa, from citizenship. It also does not apply if the father is not a U.S. citizen or lawful permanent resident.
The order clarifies that the Fourteenth Amendment, which states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens,” has never extended citizenship to individuals not fully subject to U.S. jurisdiction. “The privilege of United States citizenship is a priceless and profound gift,” the executive order reads. “But the Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States.”
Under the new policy, U.S. government agencies are prohibited from issuing documents recognizing U.S. citizenship to those born under these restricted circumstances. It includes not accepting state or local documents that falsely claim to grant such individuals citizenship. The policy will apply to children born 30 days after the order’s signing.
The executive order also directs federal departments, such as the Department of Homeland Security, the Department of State, and the Social Security Administration, to adjust their regulations accordingly. These agencies are instructed to issue public guidance within 30 days to explain how the new order will be enforced.
This policy change will only affect individuals born in the U.S. after 30 days from the date of the executive order. It does not impact children of lawful permanent residents or other individuals already entitled to U.S. citizenship.
