USCIS Releases Plan to Deny Birthright-Citizenship After Court Block

Although the Trump administration's executive order that would end birthright citizenship is currently blocked by multiple federal court rulings, U.S. Citizenship and Immigration Services (USCIS) has prepared implementation plans for potential future enforcement.

The 14th Amendment's clause that citizenship is automatically given to individuals born on American soil would be substantially changed by the guideline, which outlines how USCIS would deny citizenship to children born in the United States if their parents do not have permanent legal status.

On January 20, President Donald Trump issued the executive order on his first day in office. It targets two groups of children: those whose mothers were in the country illegally at the time of the child's birth and those whose mothers had temporary legal status, such as work, student, or tourist visas.

Arizona and 21 other states quickly challenged the action in court. While the government is preparing for possible enforcement, several federal courts issued preliminary injunctions blocking the order's implementation, including a nationwide class-action injunction issued in New Hampshire in July.

The legal battle has progressed to the U.S. Supreme Court, which recently ruled on the scope of lower court injunctions related to the order. However, the Court did not rule on the constitutionality of the order itself. Lower courts have broadly rejected the administration’s attempt to redefine birthright citizenship.

In May, Kris Mayes, the attorney general of Arizona, joined 19 other Democratic attorneys general in urging the Supreme Court to uphold birthright citizenship. In their joint statement, they emphasized that both Republican and Democratic administrations have maintained the principle of birthright citizenship for over 127 years since the Supreme Court’s decision in United States v. Wong Kim Ark.

According to USCIS guidance, a parent would be considered to have "unlawful presence" if they entered the country without authorization or overstayed a visa. The guideline also includes parents who have temporary legal status, such as those with Deferred Action for Childhood Arrivals (DACA) protection or Temporary Protected Status (TPS).

Under the proposed rule, children born in the U.S. to parents in these categories would not automatically be granted U.S. citizenship at birth. While such children might be eligible to apply for legal status later, they would not be considered citizens under the administration’s interpretation.

The 14th Amendment states that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." This language, ratified in 1868 to secure citizenship for formerly enslaved people, is now the subject of unprecedented legal challenge.

Legal experts and civil rights organizations argue that altering birthright citizenship requires a constitutional amendment, not executive action. Since Wong Kim Ark in 1898, the courts have consistently upheld that children born in the U.S. are citizens regardless of their parents' immigration status.

Civil rights organizations and immigration supporters are on guard as the lawsuit goes on. If the policy is ever put into effect, thousands of families will be impacted regularly as it would establish a new category of children born in the United States who would be regarded as non-citizens.