Birthright Citizenship Executive Order – What Is It and What to Expect?

On January 20, 2025, President Donald Trump signed Executive Order 14156, titled “Protecting the Meaning and Value of American Citizenship,” aiming to redefine the application of birthright citizenship in the United States.

Jan 23, 2025 Update:  A judge has temporarily blocked the executive order, pending further litigation.

Key Provisions of the Executive Order

The executive order seeks to deny citizenship to persons born in the U.S.  as follows:

• Children born in the U.S. to a mother who was unlawfully present in the U.S. and the father was not a U.S. citizen or LPR at the time of birth of the child.
• Children born in the U.S. to a mother’s who is lawfully present in the U.S. but is on a temporary visa (for example, B1/B2, F-1, H-1B, L-1 and others) and the father was not a U.S. citizen or LPR at the time of birth of the child.

These provisions are set to take effect on February 19, 2025, applying to individuals born on or after that date.

Legal Challenges

The executive order has been challenged in court.  On January 21, 2025, a coalition of 22 states, led by New Jersey, filed a lawsuit seeking to block the order, arguing that it violates the clear intent of the 14th Amendment.  Additionally, civil rights organizations, including the American Civil Liberties Union (ACLU), have initiated legal actions to prevent the order’s implementation.

As a result of the ongoing legal challenge, at this time it is unclear if or when any of the provisions of the executive order will become effective.

Implications and Next Steps

If the ban survives legal review and is enforced, this executive order could have major implications to many people, including temporary visa workers.  We will continue to monitor developments and report on our website and weekly newsletter.

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