Protecting the Meaning and Value of American Citizenship

Jan 29, 2025

Summary

Stops giving automatic citizenship to babies born in the U.S. if their parents are not citizens or here legally and permanently.

What problem does this solve?

The U.S. has granted citizenship to nearly everyone born here, which some believe is a misreading of the Constitution. This order narrows that rule, stopping citizenship for children of parents who are in the country illegally or on a temporary basis.

What does this order do?

Ends birthright citizenship for certain groups

Denies automatic U.S. citizenship to children born in the U.S. if their mother is here illegally or on a temporary visa and their father is not a citizen or permanent resident.

Applies only to future births

Affects only individuals born in the United States more than 30 days after the order is issued on January 20, 2025.

Requires agencies to update rules

Orders the Departments of State, Homeland Security, Justice, and the Social Security Administration to change their policies to stop recognizing citizenship for affected individuals.

Mandates public guidance from agencies

Requires all executive agencies to release public information within 30 days explaining how they will follow this new order.

Who does this affect?

Children born in the U.S. to non-citizen parents
Immigrant families
Temporary visitors and visa holders

What is the real world impact?

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Creates potential for statelessness

Could result in children born in the U.S. not being recognized as citizens of any country, leaving them without legal status and creating significant social and humanitarian issues.

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Challenges long-standing citizenship rules

Changes over a century of practice granting citizenship to nearly everyone born on U.S. soil. This major policy shift will likely be challenged in court as an overreach of presidential power.

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Enforces a stricter view of the Constitution

Aims to apply a narrow interpretation of the Fourteenth Amendment's 'subject to the jurisdiction thereof' clause, arguing it was never meant to grant citizenship to children of parents in the U.S. illegally or temporarily.

When does this start?

This order outlines several deadlines for federal agencies to implement its new citizenship policy.

New citizenship policy effective date

The policy denying birthright citizenship applies to individuals born more than 30 days after January 20, 2025.

Agency guidance deadline

All executive departments and agencies must issue public guidance on implementing the order within 30 days of January 20, 2025.