Protecting the Meaning and Value of American Citizenship
This executive order titled “Protecting the Meaning and Value of American Citizenship” directs federal agencies to not recognize U.S. citizenship at birth for a narrowly defined group of births inside the United States. Specifically, it says that if a child is born in the U.S. after 30 days from the order’s date and (a) the mother was unlawfully present in the U.S. at the time of birth while the father was not a U.S. citizen or lawful permanent resident, or (b) the mother’s U.S. presence was lawful but temporary and the father was not a U.S. citizen or LPR, then that child would not be considered a U.S. citizen for the purposes of government documents or recognition. The order also directs relevant cabinet agencies to implement policies to reflect this, with guidance to be issued within 30 days, and states that the order does not affect other categories of people who may obtain citizenship documentation. The policy is framed as a constitutional interpretation of birthright citizenship, but it is an executive directive rather than a statute, and its provisions would face significant legal and practical challenges.
Key Points
- 1Birthright citizenship carve-out: For births inside the U.S. occurring after 30 days from the order’s date, citizenship would not automatically attach to children born to a mother unlawfully present and a non-citizen/non-LPR father, or to a mother who is lawfully present but temporary with a non-citizen/non-LPR father.
- 2Policy on government documents: Federal and state/local government documents recognizing U.S. citizenship, or accepting such recognition, may not be issued or accepted for those specific births.
- 3Enforcement and guidance: The Secretary of State, Attorney General, Secretary of Homeland Security, and SSA Commissioner must ensure their agencies’ regulations/policies align with the order, and agency heads must issue public guidance within 30 days on how to implement it.
- 4Definitions: The order defines “Mother” as the immediate female biological progenitor and “Father” as the immediate male biological progenitor, tying the policy to biological relationships.
- 5General provisions: The order clarifies it does not expand or diminish other authorities, is subject to applicable law and appropriations, and does not create a legal right enforceable against the United States or its agencies.