On January 20, 2025, President Trump signed Executive Order 14160, titled “Protecting the Meaning and Value of American Citizenship.” This order introduces major changes to how the United States 🇺🇸 determines who is a citizen at birth. The U.S. Citizenship and Immigration Services (USCIS) has released an implementation plan to explain how these changes would work if the order goes into effect. However, a court has placed a preliminary injunction on the order, which means it cannot be enforced right now. Still, the government is preparing for possible implementation if the court allows it in the future.
This update explains the main changes in Executive Order 14160, how USCIS plans to apply them, and what these changes could mean for families, children, and others affected by the new rules. It also covers important definitions, the status of children born under different circumstances, and the steps USCIS might take to protect children’s immigration status.
Summary of Changes Under Executive Order 14160
Executive Order 14160 changes the rules for who is considered a U.S. citizen at birth. The order focuses on the phrase “subject to the jurisdiction” of the United States, which is part of the Fourteenth Amendment to the U.S. Constitution. Under the new order, two main groups of children born in the United States 🇺🇸 will no longer be considered citizens at birth:
- Children whose mother was unlawfully present in the United States 🇺🇸 at the time of birth and whose father was not a U.S. citizen or lawful permanent resident
- Children whose mother’s presence in the United States 🇺🇸 at the time of birth was lawful but temporary (such as visiting on a tourist, student, or work visa, or under the Visa Waiver Program), and whose father was not a U.S. citizen or lawful permanent resident
This is a significant change from current practice, where almost all children born in the United States 🇺🇸 automatically receive American Citizenship, regardless of their parents’ immigration status, except for children of foreign diplomats.
Current Legal Status: Injunction in Place
Right now, a federal court has issued a preliminary injunction in the case Barbara v. Trump, which blocks the government from enforcing Executive Order 14160. This means the rules for birthright citizenship remain unchanged for now. However, the government is preparing to implement the order if the court lifts the injunction in the future.
The court’s order also makes clear that the government can still develop and share public guidance about how it would implement the executive order if allowed.
Key Definitions and How USCIS Interprets Them
To understand who would be affected by Executive Order 14160, it’s important to look at how USCIS defines certain terms. The order uses phrases like “unlawfully present” and “lawful but temporary” presence, which have specific meanings in immigration law.
What Does “Unlawfully Present” Mean?
USCIS relies on the definition found in the Immigration and Nationality Act (INA) Section 212(a)(9)(B)(ii). According to this section, a person is “unlawfully present” in the United States 🇺🇸 if they are:
- In the country after their authorized period of stay has ended, or
- In the country without being admitted or paroled
People who are in lawful immigration status or who have been paroled into the United States 🇺🇸 are not considered unlawfully present. There are also exceptions for certain groups, such as those with pending asylum applications, but these exceptions are usually limited to specific situations.
It’s important to note that “unlawful status” and “unlawful presence” are not the same. For example, someone who is paroled into the United States 🇺🇸 does not have lawful immigration status, but they are not considered unlawfully present because they have been given permission to stay for a certain period.
What Does “Lawful but Temporary” Presence Mean?
The term “lawful but temporary” is not defined in the law, so USCIS has created its own definition for the purpose of this executive order. According to USCIS, “lawful but temporary” presence includes people who are allowed to stay in the United States 🇺🇸 for a limited time or under a status that requires them to reapply to keep their stay.
Examples of people with “lawful but temporary” presence include:
- People granted withholding of removal or deferral of removal under the Convention Against Torture
- People granted voluntary departure, satisfactory departure, or a stay of removal
- Family Unity beneficiaries under the Immigration Act of 1990 (IMMACT 90) or the LIFE Act
- Most nonimmigrants, including those with dual intent visas (such as H-1B workers or L-1 intracompany transferees), T and U visa holders (for victims of trafficking or certain crimes)
- Citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau living in the United States 🇺🇸 under Compacts of Free Association
- Parolees (people allowed to enter and stay in the United States 🇺🇸 temporarily for urgent humanitarian reasons or significant public benefit)
- Temporary Protected Status (TPS) beneficiaries and applicants who have shown they are likely eligible
- People who entered under the Visa Waiver Program
- People granted deferred action or Deferred Enforced Departure (DED)
On the other hand, people whose presence is considered “lawful and not temporary” include:
- American Indians born in Canada who entered under INA 289
- Asylees (people granted asylum)
- Conditional permanent residents
- Lawful permanent residents (green card holders)
- Refugees
- U.S. nationals who are not citizens (such as those born in American Samoa or Swains Island to non-citizen U.S. national or alien parents)
How These Definitions Affect Children Born in the United States 🇺🇸
Under Executive Order 14160, children born in the United States 🇺🇸 to mothers who are either unlawfully present or lawfully present but only temporarily, and whose fathers are not U.S. citizens or lawful permanent residents, would not be considered U.S. citizens at birth.
For example:
- If a mother is in the United States 🇺🇸 on a tourist visa (which is temporary and lawful) and gives birth, and the father is not a U.S. citizen or green card holder, the child would not receive American Citizenship at birth under the new order.
- If a mother is in the United States 🇺🇸 without legal status (unlawfully present) and the father is not a U.S. citizen or green card holder, the child would also not be a citizen at birth.
This change would not affect children born to mothers who are lawful permanent residents, asylees, refugees, or U.S. nationals, or to fathers who are U.S. citizens or green card holders.
USCIS Plans for Children Born to Mothers in Lawful but Temporary Status
USCIS recognizes that children born in the United States 🇺🇸 to mothers in lawful but temporary status would not be citizens at birth under the new rules. To address this, USCIS plans to allow these children to register for the same lawful status held by at least one parent. This is similar to the current process for children born to foreign diplomats in the United States 🇺🇸, who are not considered “subject to the jurisdiction” of the United States 🇺🇸 and therefore do not get citizenship at birth. These children can register to receive the same immigration status as their parents.
USCIS intends to expand this practice so that children born to parents in lawful but temporary status can also register for lawful status. This would help prevent negative immigration consequences for these children, such as being left without any legal status.
Until new regulations are in place, the Department of Homeland Security (DHS) would propose to defer immigration enforcement against these children, meaning they would not be targeted for removal from the United States 🇺🇸 while their status is being resolved.
Practical Implications for Families and Children
If Executive Order 14160 goes into effect, the impact on families could be significant. Here are some possible scenarios:
- Children born to parents on temporary visas: For example, a child born to parents visiting the United States 🇺🇸 on a tourist or student visa would not automatically receive American Citizenship if neither parent is a U.S. citizen or green card holder. The child would need to register for the same temporary status as the parent, which could expire or require renewal.
- Children born to parents without legal status: If both parents are in the United States 🇺🇸 unlawfully, their child would not be a citizen at birth. The child might not have any legal status unless another path is available.
- Mixed-status families: If one parent is a lawful permanent resident or U.S. citizen, the child would still receive American Citizenship at birth. But if both parents are in temporary or unlawful status, the child would not.
This change could create uncertainty for many families, especially those who are in the United States 🇺🇸 for work, study, or other temporary reasons. It could also affect people who come to the United States 🇺🇸 under humanitarian programs, such as TPS or deferred action, if their status is considered temporary.
USCIS Guidance and Next Steps
USCIS is preparing to provide guidance and procedures for families affected by these changes if the executive order is allowed to take effect. This includes:
- Explaining how to register a child for the same lawful status as a parent
- Outlining what documents and forms will be needed
- Providing information on how long the child’s status will last and how to renew it
- Offering protections against removal while the child’s status is being resolved
For now, because of the court’s injunction, there is no immediate action required for families. The current rules for birthright citizenship remain in place. However, families who may be affected should stay informed about legal developments and be ready to follow new procedures if the order is implemented.
Where to Find More Information
For official updates and detailed information about American Citizenship and birthright citizenship, readers can visit the USCIS Citizenship and Naturalization page. This page provides the latest guidance, forms, and resources for people seeking information about citizenship and related topics.
If you need to check your immigration status or the status of a pending application, you can use the USCIS Case Status Online tool.
For those who need to register a child for a specific immigration status, USCIS will provide instructions and forms if the executive order is implemented. Currently, the process for children of diplomats is covered under 8 CFR 101.3, but new procedures would be announced for other groups.
Analysis from VisaVerge.com suggests that these changes, if implemented, could lead to a major shift in how the United States 🇺🇸 handles birthright citizenship. Families who are in the country temporarily or without legal status would need to pay close attention to their children’s legal status and be prepared to take action to secure lawful status for them. The proposed changes could also increase the need for legal advice and support for affected families.
Conclusion and Practical Guidance
Executive Order 14160 represents a significant change to the rules for American Citizenship at birth. While the order is not currently in effect due to a court injunction, USCIS is preparing to implement it if allowed. The main changes would affect children born in the United States 🇺🇸 to mothers who are either unlawfully present or lawfully present only temporarily, and whose fathers are not U.S. citizens or green card holders.
If the order goes into effect, families in these situations would need to register their children for the same lawful status as a parent to avoid negative immigration consequences. USCIS plans to provide guidance and protections for these children, including deferring enforcement while their status is resolved.
For now, families should continue to follow current rules and stay informed about any legal developments. Checking the official USCIS website and trusted sources like VisaVerge.com can help families prepare for any changes and understand their options.
If you believe you may be affected by these changes, consider speaking with an immigration attorney or accredited representative to discuss your situation and plan for possible next steps. Staying informed and prepared is the best way to protect your family’s future under changing immigration laws.
Learn Today
Executive Order 14160 → A presidential directive changing rules on U.S. citizenship for children born to certain noncitizen parents.
Unlawfully Present → Status of a person staying in the U.S. beyond authorized permission or without legal entry.
Lawful but Temporary Presence → Authorized stay in the U.S. for limited time, requiring renewal or reapplication of status.
Preliminary Injunction → Court order temporarily preventing enforcement of a law or policy until final decision is made.
Subject to Jurisdiction → Legal phrase determining if someone is under U.S. laws and eligible for birthright citizenship.
This Article in a Nutshell
Executive Order 14160 redefines U.S. birthright citizenship, excluding many children born to unlawfully or temporarily present mothers. Despite a court injunction blocking it now, USCIS plans to implement status registration and protections for these children if allowed, impacting numerous families across the United States.
— By VisaVerge.com
