Protecting the Meaning and Value of American Citizenship
The order directs all federal departments and agencies to stop issuing or recognizing U.S. citizenship documents for children born in the U.S. whose mothers were unlawfully present or only temporarily present, unless the father was a U.S. citizen or lawful permanent resident — applying to births occurring 30 or more days after signing.
It establishes a new federal policy framework that operationally restricts birthright citizenship for a broad category of U.S.-born children, representing a significant departure from the longstanding administrative practice of granting automatic citizenship to nearly all persons born on U.S. soil.
What this order does
What it orders
The order directs all federal departments and agencies to refuse to issue documents recognizing U.S. citizenship — and to refuse to accept such documents issued by state, local, or other governments — for children born in the U.S. when the mother was either unlawfully present or lawfully but only temporarily present (such as on a tourist, student, or work visa), and the father was not a U.S. citizen or lawful permanent resident. It also directs the Secretary of State, Attorney General, Secretary of Homeland Security, and Commissioner of Social Security to align their agencies' regulations and policies with this new directive and ensure employee compliance. All executive department and agency heads must issue public guidance on implementation within 30 days of signing.
The policy applies only to persons born 30 or more days after the order's signing date, leaving births prior to that window unaffected. The order explicitly states it does not alter the citizenship entitlements of children of lawful permanent residents or other categories not specified. Implementation is conditioned on applicable law and available appropriations, and the order creates no individually enforceable legal rights.
Who it affects
Children born in the U.S. to mothers who are unlawfully or only temporarily present, when the father is not a U.S. citizen or lawful permanent resident. Federal agencies — including the State Department, Social Security Administration, and DHS — that issue and process citizenship documents are directly directed to change their practices.
Why it matters
Children born in the affected categories on or after the 30-day mark would not receive federal citizenship documentation at birth, affecting access to passports and Social Security numbers. Their status and eligibility for U.S. government services would need to be established through other legal processes.
What must happen and when
How the order is supposed to work
The four named agency heads (Secretary of State, Attorney General, Secretary of Homeland Security, and Commissioner of Social Security) must update regulations and ensure staff comply immediately. All executive agency heads must publish public guidance within 30 days. The order's 30-day delayed applicability gives agencies a window to align practices before the citizenship restriction takes effect for new births. Implementation is conditioned on applicable law and appropriations, but no formal rulemaking trigger or reporting mechanism to OMB is specified.
Actions and deadlines
- Issue public guidance on the order's implementation with respect to each agency's operations and activities
- Align regulations and policies of the Departments of State, Justice, Homeland Security, and Social Security Administration with the order and ensure employee compliance