Executive Order Proposed American Citizenship Changes

January 20, 2025

President Trump's executive order aims to redefine the parameters of birthright citizenship in the United States.

Key Points:

• Redefinition of Birthright Citizenship: The executive order stipulates that individuals born in the U.S. will not automatically receive citizenship if:

  • Their mother was unlawfully present in the U.S., and their father was neither a U.S. citizen nor a lawful permanent resident at the time of birth.

  • Their mother was in the U.S. on a temporary visa (e.g., student, work, or tourist visa), and their father was neither a U.S. citizen nor a lawful permanent resident at the time of birth.

• Implementation Timeline: The policy applies to individuals born in the United States 30 days after the issuance of the order, specifically from February 19, 2025, onwards.

• Agency Directives: Federal departments and agencies are instructed not to issue or recognize documents affirming U.S. citizenship for individuals falling under the specified categories.

Implications:

• Legal Challenges: The executive order is expected to face significant legal opposition, as it challenges the longstanding interpretation of the 14th Amendment's Citizenship Clause, which grants citizenship to all individuals born on U.S. soil.

• Business Operations: Companies employing individuals who may be affected by this change should prepare for potential adjustments in employment eligibility verification processes.

• Human Resources Policies: Organizations may need to update their HR policies to address the citizenship status of future employees born in the U.S. to parents who fall under the specified categories.

Further Actions:

• Legal Consultation: Businesses should consult with legal experts to understand the implications of this policy on their workforce and ensure compliance with federal regulations.

• Policy Review: Human resources departments should review and, if necessary, update their policies regarding employment eligibility verification to align with the new directives.

• Monitoring Developments: Stay informed about legal proceedings and potential injunctions that may affect the implementation of this executive order.

Frequently Asked Questions (FAQ)

1. Which industries are most affected by this policy?
   Industries employing a significant number of immigrants, such as agriculture, construction, hospitality, and technology, may be particularly impacted.

2. What are the immediate actions required to comply?
   Businesses should be aware of the ongoing legal updates, given this executive order is expected to face significant legal opposition.

3. How can I stay updated on this topic?
   As this is a major development, expect to see ongoing debates about this overall topic while specific employees may need additional support for unique circumstances regarding their immigration status.