Some initial thoughts on the birth right citizenship executive order of 1/20/2025
Birth right citizenship- some immediate thoughts and I will edit this in the near future.
This executive order (EO) addresses birthright citizenship, and the ACLU has already filed a lawsuit—let’s hope it prevails. Birthright citizenship is a constitutional right, and an executive order cannot take that away. However, we are living in unprecedented times.
Key points about the EO:
The EO applies to children born in the US after 30 days from the issuance of the order, starting from 2/20/2025. Specifically, it applies:
1. If the child’s mother was unlawfully present in the US, and the father was not a US citizen or lawful permanent resident at the time of birth, or
2. If the mother’s presence in the US was lawful but temporary, and the father was not a US citizen or lawful permanent resident at the time of birth.
This means that if the father is a US citizen or green card holder, the child will still be a US citizen.
Who will not be born a US citizen?
Children born to parents who are undocumented or visa holders will not be US citizens.
Many of my clients are on H1B, L1, O1, E2, TN, P, R1, E3, or other types of visas. These visa holders often have families in the US, but according to this EO, their children would not qualify for US citizenship.
These visa holders are typically caught in long visa backlogs, especially if they are from countries like India, China, the Philippines, or Mexico. Depending on the visa category, this could affect individuals from other countries as well. This will fundamentally change how people plan their futures. Visa holders may be less inclined to work and settle in the US, which could have significant impacts on business and the economy. President Trump himself mentioned that he thinks this is beneficial for America.
How will authorities assess this?
Every city, county, and organization that issues birth certificates will need to assess each child’s eligibility for citizenship under this EO. This will likely create a huge challenge for every parent, including US citizens and green card holders, and authorities alike. The chaos is unimaginable. permanent resident at the time of said person’s birth.
To me, this means that if the father is a green card holder or US citizen, the child will be a US citizen.
Who will not be a born a citizen? Children of parents who are undocumented or visa holders
Many of my clients are H1B, L1, O1, E2, TN, P, R1, E3 and other visa holders. They are often couples in the US. According to this EO, their children will not be US citizens.
These visa holders are often caught in the very long visa backlog, especially if they are from India, China, Philippines, or Mexico. But there could be long waits for people from all countries depending on the visa category. Therefore, this will be a fundamental change in how people plan their futures. Visa holders may not want to work in the US and settle down, which will affect business and the economy. And it will affect legal immigration which is something President Trump said today that he thinks is good for America.
But how do authorities even assess something like this? Every city/county and organization issuing birth certificates will have to assess EVERY child and it will be a huge issue for every parent.
Ultimately, the executive order is unconstitutional and this will be the start of some dramatic litigation in the US.