Executive Order: Protecting The Meaning And Value Of American Citizenship

Written By EPIC

Protecting The Meaning And Value Of American Citizenship (attempt to end birthright citizenship) was one of many executive orders signed by President Trump this week on January 20, 2025.

Executive order defined: A signed directive by a U.S. president on how they want the federal government to operate without Congressional approval, although they can potentially block EO’s along with courts.

What it does:30 days from 1/20/25, the U.S. government will stop issuing documents recognizing citizenship to persons:

  • Children of LPR’s may still obtain documents recognizing their citizenship.

  • It applies to persons born 30 days after EO issued (January 20, 2025).

  • 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 (LPR or green card holders) at the time of said person’s birth. 

  • 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;

What this means:Birthright citizenship is aguaranteed right by the Constitution.This provision ignores 150 years of such precedent and would disqualify U.S. citizenship for children born after February 20th, without at least one parent being a U.S. citizen or LPR. It can also impact families that have parents here on work visas. It’ll mean more big government intrusion into people’s lives, bureaucratic hurdles, and investigating of newborns and hospitals. The only way to end birthright citizenship is by constitutional amendment. It's unclear how far this will go, and while it is spreading fear through the immigrant community, which is intentional, courts across the country are already challenging the EO. We’ll continue to monitor this and provide updates. 

Response:On January 23rd, Judge John C. Coughenour of the U.S. District Court for the Western District of Washington, a Ronald Regan appointee, issued a temporary restraining order after finding the executive order likely violates the 14th amendment and federal immigration law that guarantees birthright citizenship. The block will prevent enforcement and implementation of the EO for 14 days.

Resources

If you or someone you know is expecting to give birth after 2/20/25 and neither parent is a U.S. citizen or lawful permanent resident, please contact Kim Leung at Asian Law Caucus: kimberlyl@asianlawcaucus.org.

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