PROTECTING THE MEANING AND VALUE OF AMERICAN CITIZENSHIP
This executive order clarifies the scope of birthright citizenship.
It specifies that birthright citizenship does not automatically extend to children born in the U.S. if their mother was unlawfully present and their father was not a U.S. citizen or lawful permanent resident, or if their mother's presence was lawful but temporary under specific circumstances, and their father was also not a U.S. citizen or lawful permanent resident.
The order directs federal agencies to implement this policy by updating regulations and issuing public guidance, emphasizing this only applies to births 30 days after its issuance.
Arguments For
- Intended benefits: The order aims to clarify existing legal interpretations of the 14th Amendment, ensuring consistent application of citizenship laws and strengthening national security by better controlling who gains automatic citizenship.
- Evidence cited: The order cites the 14th Amendment, 8 U.S.C. 1401, and the Supreme Court case Dred Scott v. Sandford to support its interpretation of birthright citizenship.
- Implementation methods: The order directs specific agencies (State, Justice, Homeland Security, Social Security) to implement the policy changes through new regulations and public guidance.
- Legal/historical basis: The order bases its arguments on the original intent of the 14th Amendment and existing statutory law, aiming to uphold established legal principles.
Arguments Against
- Potential impacts: Critics may argue the order is discriminatory, potentially affecting children born to undocumented immigrants and creating a new class of stateless people within the US. This could also create additional barriers to legal immigration and worsen the situations of immigrant families, contributing to family separation and broader social inequalities.
- Implementation challenges: Effectively enforcing the order may prove challenging given the complexities of determining parental immigration status and the potential for bureaucratic delays and backlogs in processing citizenship applications.
- Alternative approaches: Critics may advocate for comprehensive immigration reform as a more effective means of addressing concerns about unauthorized immigration rather than narrowing the scope of birthright citizenship.
- Unintended effects: The order may lead to increased costs for the government related to tracking parental immigration status, resolution of disputes, and the effects of individuals who cannot get citizenship.
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
Section 1. Purpose. The privilege of United States citizenship is a priceless and profound gift. The Fourteenth Amendment states: “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.” That provision rightly repudiated the Supreme Court of the United States’s shameful decision in Dred Scott v. Sandford, 60 U.S. (19 How.) 393 (1857), which misinterpreted the Constitution as permanently excluding people of African descent from eligibility for United States citizenship solely based on their race.
But the Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States. The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not “subject to the jurisdiction thereof.” Consistent with this understanding, the Congress has further specified through legislation that “a person born in the United States, and subject to the jurisdiction thereof” is a national and citizen of the United States at birth, 8 U.S.C. 1401, generally mirroring the Fourteenth Amendment’s text.
Among the categories of individuals born in the United States and not subject to the jurisdiction thereof, 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.
This section establishes the purpose of the executive order.
It asserts that while U.S. citizenship is a valuable right, the 14th Amendment's grant of birthright citizenship has limitations.
It clarifies that the amendment has never been interpreted to universally grant citizenship to everyone born in the U.S., focusing on the phrase "subject to the jurisdiction thereof." Specific scenarios are detailed where birthright citizenship will not be granted, concerning the parents' immigration statuses at the child's birth.
Sec. 2. Policy. (a) It is the policy of the United States that no department or agency of the United States government shall issue documents recognizing United States citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship, to persons: (1) 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 (2) 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 at the time of said person’s birth.
(b) Subsection (a) of this section shall apply only to persons who are born within the United States after 30 days from the date of this order.
(c) Nothing in this order shall be construed to affect the entitlement of other individuals, including children of lawful permanent residents, to obtain documentation of their United States citizenship.
This section outlines the policy changes resulting from the order.
No government entity may issue or accept citizenship documentation for individuals born under the conditions described in Section 1.
Importantly, this policy only applies to births occurring 30 days after the order's effective date.
The order explicitly states that it does not affect other existing avenues for obtaining citizenship documentation.
Sec. 3. Enforcement. (a) The Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Commissioner of Social Security shall take all appropriate measures to ensure that the regulations and policies of their respective departments and agencies are consistent with this order, and that no officers, employees, or agents of their respective departments and agencies act, or forbear from acting, in any manner inconsistent with this order.
(b) The heads of all executive departments and agencies shall issue public guidance within 30 days of the date of this order regarding this order’s implementation with respect to their operations and activities.
This section details the enforcement mechanism.
Specific cabinet secretaries are directed to align their agencies' regulations and policies with the order.
To ensure consistent execution, all executive departments and agencies must issue public guidance on the order's implementation within 30 days.
Sec. 4. Definitions. As used in this order:
(a) “Mother” means the immediate female biological progenitor.
(b) “Father” means the immediate male biological progenitor.
This section provides clear definitions for the terms "mother" and "father" as used throughout the executive order, clarifying the biological parentage is being considered.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
This section contains general provisions.
It clarifies that the order does not diminish existing executive branch authority or the Office of Management and Budget's functions.
Implementation must comply with existing laws and depend on available funding.
It explicitly states that the order does not create any new legal rights or benefits.