Copy of the text of the executive order below. Commentary to follow soon. Link here: PROTECTING THE MEANING AND VALUE OF AMERICAN CITIZENSHIP – The White House

PROTECTING THE MEANING AND VALUE OF AMERICAN CITIZENSHIP

Here is a summary and the full text is below:

This executive order outlines the policy regarding United States citizenship for individuals born within the country, specifically focusing on the application of the Fourteenth Amendment and the exclusion of certain individuals from automatic citizenship.

Key points:

1. Purpose: The order clarifies that the Fourteenth Amendment provides U.S. citizenship to persons born in the U.S. who are “subject to the jurisdiction thereof.” It rejects the Dred Scott decision and notes that certain individuals born in the U.S. do not automatically qualify for citizenship under the Fourteenth Amendment.
2. Exclusions: The order specifies that individuals born in the U.S. will not automatically receive citizenship if:
   • The mother was unlawfully present in the U.S. and the father was not a U.S. citizen or lawful permanent resident.
   • The mother was temporarily in the U.S. (e.g., under a tourist or student visa) and the father was not a U.S. citizen or lawful permanent resident.
3. Policy:
   • No U.S. government agency will issue documents recognizing U.S. citizenship for those excluded under the conditions above.
   • This policy applies to individuals born in the U.S. after 30 days from the date of the order.
   • It does not affect the entitlement of children of lawful permanent residents to citizenship documentation.
4. Enforcement:
   • The Secretary of State, Attorney General, Secretary of Homeland Security, and Commissioner of Social Security must ensure that their departments follow the policy.
   • Executive departments must issue public guidance within 30 days on how to implement the order.
5. Definitions:
   • “Mother” and “Father” refer to the immediate biological parents of the individual.
6. General Provisions:
   • The order does not impair the authority of other government departments or agencies.
   • The order must be implemented according to applicable laws and available appropriations.
   • It does not create enforceable rights for individuals against the U.S. government.

This executive order focuses on tightening the criteria for automatic citizenship for certain children born in the U.S., particularly in cases of unlawful or temporary parental presence.

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EXECUTIVE ORDER

January 20, 2025

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:

Section 1.  Purpose.  The privilege of United States citizenship is a priceless and profound gift.  The Fourteenth Amendment states:  “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”  That provision rightly repudiated the Supreme Court of the United States’s shameful decision in Dred Scott v. Sandford, 60 U.S. (19 How.) 393 (1857), which misinterpreted the Constitution as permanently excluding people of African descent from eligibility for United States citizenship solely based on their race. 

But the Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States.  The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not “subject to the jurisdiction thereof.”  Consistent with this understanding, the Congress has further specified through legislation that “a person born in the United States, and subject to the jurisdiction thereof” is a national and citizen of the United States at birth, 8 U.S.C. 1401, generally mirroring the Fourteenth Amendment’s text.  

Among the categories of individuals born in the United States and not subject to the jurisdiction thereof, the privilege of United States citizenship does not automatically extend to persons born in the United States:  (1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.

Sec. 2.  Policy.  (a)  It is the policy of the United States that no department or agency of the United States government shall issue documents recognizing United States citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship, to persons:  (1) when that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth.

(b)  Subsection (a) of this section shall apply only to persons who are born within the United States after 30 days from the date of this order.

(c)  Nothing in this order shall be construed to affect the entitlement of other individuals, including children of lawful permanent residents, to obtain documentation of their United States citizenship. 

Sec. 3.  Enforcement.  (a)  The Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Commissioner of Social Security shall take all appropriate measures to ensure that the regulations and policies of their respective departments and agencies are consistent with this order, and that no officers, employees, or agents of their respective departments and agencies act, or forbear from acting, in any manner inconsistent with this order.

(b)  The heads of all executive departments and agencies shall issue public guidance within 30 days of the date of this order regarding this order’s implementation with respect to their operations and activities.

Sec. 4.  Definitions.  As used in this order:

(a)  “Mother” means the immediate female biological progenitor.

(b)  “Father” means the immediate male biological progenitor.

Sec. 5.  General Provisions.  (a)  Nothing in this order shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE,

    January 20, 2025.