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Tentative Effective Date: February 19, 2025
On January 20, 2025, President Donald J. Trump issued an executive order titled “Protecting the Meaning and Value of American Citizenship”.1 This order aims to redefine the criteria for birthright citizenship in the U.S. under the 14th Amendment of the U.S. Constitution.
Specifically, the order seeks to re-interpret whether a child born in the U.S. is “subject to the jurisdiction thereof”, and states that children born in the U.S. will not automatically be granted U.S. citizenship if 1) their mother was unlawfully present in the country or 2) if their mother’s presence was lawful but temporary (e.g., such as, but not limited to, visiting the United States under the Visa Waiver Program or visiting on a student, work, or tourist visa), and the father was not a U.S. citizen or lawful permanent resident at the time of the child’s birth.2
The executive order on birthright citizenship does not go into effect for 30 days from the issuance date, and does not affect any child born in the U.S. on or before February 19, 2025, giving us some time to prepare and respond.3 Additionally, it is highly likely that this order will be the subject of lengthy litigation, which could delay or alter its implementation.4
We understand that this executive order has caused significant concern and fear within the immigrant community. Many families are worried about the implications for their children and their future in the United States.
At the Law Offices of Daniel Shanfield Immigration Defense PC, we are committed to supporting our clients through these uncertain times. We encourage anyone affected by this executive order to contact our office for a consultation. Our experienced legal team is here to guide you, answer your questions, and help you understand your rights and options.
