January 22, 2025
The recent executive order issued by US President Donald Trump introduces a significant change to the country’s citizenship laws, specifically regarding the interpretation of the 14th Amendment.
This order sets new criteria for birthright citizenship, which will particularly affect individuals born in the United States under certain conditions, including those born to undocumented and temporary residents.
According to this order, individuals born in the US under specific circumstances will no longer automatically be granted US citizenship.
Specifically, children born to mothers who were unlawfully present in the US and whose fathers were neither US citizens nor lawful permanent residents at the time of birth will not be granted citizenship.
Similarly, children born to mothers who were legally present in the US on temporary visas, such as student, tourist, or work visas, and whose fathers were neither US citizens nor lawful permanent residents, will also be denied citizenship.
Individuals who will not be affected by this order include children born to parents, at least one of whom is a lawful permanent resident, as they will retain their right to US citizenship.
Children born to parents, at least one of whom is a US citizen, will continue to be eligible for US citizenship. The order explicitly states that the right of children of lawful permanent residents to obtain documentation of their US citizenship will not be affected.
The implementation of this law will take effect 30 days after its issuance, on February 20. The US Department of State, Department of Homeland Security, and other relevant agencies will be responsible for enforcing the order and ensuring its consistent application.
This order introduces significant changes to the criteria for birthright citizenship, aiming to prevent its potential misuse. However, it is expected to face legal challenges and widespread criticism, as it could affect the citizenship status of many families.
In response to President Trump’s Executive Order, 18 Democratic state attorneys general have filed a legal challenge, deeming the order unconstitutional.
Attorneys general from states such as New Jersey and California have joined the lawsuit filed in Massachusetts, while the governments of San Francisco and Washington, DC, are also taking the matter to court.
California Attorney General Rob Bonta, in a press conference, called Trump’s order “a terrifying tone for his second term” and stated that he would challenge the order in court.
The American Civil Liberties Union (ACLU) has also filed a separate lawsuit, declaring the order a repudiation of American values.