Trump's Executive Order on Birthright Citizenship Spawns Far-Reaching Effects
On the first day of President Trump’s second term in office, he issued an Executive Order seeking to end birthright citizenship for children born on U.S. soil after February 19, 2025, who do not have at least one parent who is either an American citizen or lawful permanent resident.
The practical effects of the Order, entitled “Protecting the Meaning and Value of American Citizenship,” are far-reaching, because the Order impacts foreign nationals who are present lawfully in the U.S., as well as those who are present unlawfully. Under the Order, children born to mothers who are present lawfully in the U.S. on temporary visas, such as student or employment visas, may not automatically be American citizens. To further complicate matters, depending on the rules of the parents’ home countries, such children could be considered stateless.
The Order is a sharp departure from U.S. Supreme Court precedent dating back to 1898, when the Court ruled in United States v. Wong Kim Ark that the Fourteenth Amendment to the Constitution guarantees citizenship to any child born on American soil, with narrow exceptions for those born to foreign diplomats or invading forces.
Several lawsuits have been filed challenging the constitutionality of the Order and seeking to block its implementation.
Employers should consult with their labor & employment and immigration attorneys for the latest updates as these legal developments rapidly unfold.