Recent Immigration Actions and Updates

This EO seeks to redefine the scope of birthright citizenship under the 14th Amendment of the U.S. Constitution. Pursuant to the order, citizenship will only be conferred to children born in the United States whose mother or father (defined as female and male “biological progenitor” respectively) is a U.S. lawful permanent resident (LPR) or U.S. citizen. The order specifically excludes U.S. citizenship for children born to:

• “A mother who was unlawfully present in the United States at the time of the child’s birth, where the father is not a U.S. citizen or lawful permanent resident.
• “A mother whose presence in the U.S. was lawful but temporary (e.g., under a tourist, work, or student visa), where the father is not a U.S. citizen or lawful permanent resident.

In addition to the children of undocumented immigrants, this EO will also affect children of parents who are in nonimmigrant visa statuses (or the dependent visa statuses) such as F-1, F-2, J-1, J-2, H-1B, H-4, E-3, E-3S, TN, and TD. 

This order also prohibits the U.S. government departments and agencies from issuing documents recognizing U.S. citizenship for the children of above-mentioned categories of individuals. Children of impacted international students and scholars may have difficulty in obtaining U.S. identification documents. The policy will take effect 30 days after the issuance of the executive order and will apply to children born within the U.S. on or after February 20, 2025.

Update (January 23, 2025)

A federal judge at the U.S. District Court at Seattle granted the motion for a nationwide temporary restraining order filed by the states of Arizona, Illinois, Oregon, and Washington. The judge's order blocks federal agencies from implementing this EO on birthright citizenship while the court initially considers the case. 

Section 2 of this EO directs federal agencies to enhance vetting and screening protocols for visa issuance and immigration benefit applications and return standards and procedures to those effective during the prior Trump administration. Section 2 also directs the Secretaries of DoS and DHS, the Attorney General, and the Director of National Intelligence to submit a joint report within 60 days that identifies:

• “countries throughout the world for which vetting and screening information is so deficient as to warrant a partial or full suspension on the admission of nationals from those countries pursuant to section 212(f) of the INA.” 
• “how many nationals from those countries have entered or have been admitted into the United States on or since January 20, 2021.” 

Potential implications of this EO might include increased scrutiny, delays, and additional documentary and informational requirements for student and scholar visa and immigration benefit applications. The joint report that is expected within 60 days from January 20th, could lead to travel bans or increased visa denials for international students and scholars from countries identified through the process described above.