Nationwide Injunction to Birthright Citizenship Executive Order
At A Glance
The Constitution
The Fourteenth Amendment to the US Constitution states, in relevant part: “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.”
The President’s executive order hinges on the interpretation of the phrase “subject to the jurisdiction,” declaring that this clause is limited to children with at least one parent who is a US citizen or legal permanent resident (sometimes called a “green card holder”).
Highlights from the Executive Order
The order seeks to limit birthright citizenship for children born in the United States after February 19, 2025, stating that “the privilege of United States citizenship does not automatically extend to persons born in the United States.” More specifically, the order states that a child born in the United States will not acquire US citizenship under the following circumstances:
- The child is born to a mother who is unlawfully present in the US and to a father who is not a US citizen or lawful permanent resident at the time of birth; and
- The child is born to a mother who is lawfully present but on a temporary status and to a father who is not a US citizen or lawful permanent resident at the time of birth.
With respect to the second condition, the order specifies applicability to a mother whose temporary presence in the United States includes “visiting on a student, work, or tourist visa.” This could mean, for example, that the US-born child of an F-1 foreign student or H-1B foreign worker is not “automatically extend[ed]” US citizenship, if the father is not a US citizen or legal permanent resident.
Heads of relevant agencies, which would include the Social Security Administration and the Department of State (which issues passports to US citizens), are directed to “issue public guidance within 30 days of the date” of the order regarding its implementation.
Impact of Nationwide Injunction
With the court injunctions in place, the order is effectively on hold. The judicial decisions come amid legal challenges by multiple other parties, which could lead to additional court injunctions or affect the scope of the order. As of the time of this writing, the White House is seeking an appeal to lift the injunction.
