Photo by Luma Pimentel on Unsplash

The day President Trump took office he signed more than 20 executive orders and actions, more than any other president in U.S. history has signed on an inauguration day before. 

Of the many that have been circulating the news, one you are likely wondering a lot about is his executive order on birthright citizenship, an order that many people seem to want and many have said is completely illegal. Here we answer the biggest questions about the order:

What does the Birthright Citizenship Executive Order Say?

Officially titled Protecting the Meaning and Value of American Citizenship, the executive order essentially states that children who are born in the United States but do not have at least one parent who has permanent status here will not be born a U.S. citizen. The exact language of the order is below: 

". . . 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."

How is this Possible when the 14th Amendment Exists?

The 14th Amendment of the U.S. Constitution expressly states that “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.” For over 100 years the 14th Amendment has been interpreted to mean that anyone born in the United States, except children of foreign diplomats, are born as U.S. citizens. The Trump Administration is interpreting the 14th Amendment to mean that people who do not have permanent status in the U.S. are not subject to the jurisdiction of the United States, and therefore children born to them cannot be born citizens. 

Most legal scholars disagree with this interpretation, and almost immediately immigrants' rights advocates filed a lawsuit against the Trump Administration's order on birthright citizenship. The lawsuit charges the Trump administration with ‘flouting the Constitution's dictates, congressional intent, and longstanding Supreme Court precedent.' At least eight other lawsuits have been filed suing the Trump Administration about this order. 

If I am Undocumented and About to Give Birth here Will My Baby be Born a U.S. Citizen?

At this time, there are several lawsuits across the nation regarding the Birthright Citizenship Order, and three federal judges have issued preliminary injunctions blocking the Trump Administration from enforcing its Order on birthright citizenship. We will of course keep you updated on this issue and these lawsuits, but for now any child born in the United States is still born a U.S. citizen.  

If you need immigration counsel or assistance filing for an immigration petition, you can reach us at (757) 422-8472, or send us a message on our website. You can also schedule an appointment with one of our attorneys by clicking on this link.