Trump's birthright citizenship rollback order not cleared by courts, but the rollout plan is ready

The US government has laid out plans to change how citizenship is granted to children born in the country. Under a new executive order signed by President Donald Trump, children born in the US would no longer be automatically considered American citizens if their parents are not lawful permanent residents or US citizens. The order targets families where the mother is either unlawfully present or in the US on a temporary visa, and the father does not have permanent legal status. While courts have temporarily blocked the order, immigration authorities are preparing to enforce it if it is allowed to take effect.

The United States Citizenship and Immigration Services (USCIS) is preparing an implementation plan for Executive Order 14160, titled Protecting the Meaning and Value of American Citizenship, despite a nationwide injunction currently halting its enforcement. The order, issued by President Donald Trump on January 20, 2025, redefines who qualifies for birthright citizenship in the United States, significantly narrowing the eligibility criteria.

Executive Order 14160
According to the order, two categories of children born on US soil would no longer automatically acquire US citizenship:

• Children whose mothers were unlawfully present in the US and whose fathers were neither US citizens nor lawful permanent residents at the time of birth.
• Children whose mothers were lawfully but temporarily present in the US — such as on student, work, or tourist visas — and whose fathers did not hold US citizenship or lawful permanent resident status.

A preliminary injunction issued in Barbara v. Trump, No. 2025 DNH 079P, currently prevents the federal government from enforcing the order. However, the court noted that the injunction does not restrict agencies from developing public guidance about implementation plans, citing Trump v. CASA, Inc.

USCIS’ interpretation of key terms
The USCIS memorandum outlines how the agency interprets terms such as "unlawfully present" and "lawful but temporary" presence:

• Unlawfully present includes individuals who have overstayed their authorized period or entered the country without being admitted or paroled.
• Lawful but temporary applies to nonimmigrants such as tourist or student visa holders, parolees, Visa Waiver Program entrants, TPS applicants, and deferred action recipients. However, this group excludes lawful permanent residents, refugees, and asylees, whose status is considered lawful and not temporary.

According to the plan, being in the US without lawful status does not automatically equate to being unlawfully present. The agency clarified that lawful presence could include individuals without lawful status if they are in a period of authorized stay.

Implications for children born to temporary residents
Children born in the US to mothers in a lawful but temporary immigration status and fathers who are not citizens or green card holders would not be granted citizenship at birth under the order. USCIS proposes that such children may instead register to acquire the same lawful status held by at least one parent — similar to the current procedure for children of foreign diplomats.

The agency noted it would recommend deferring immigration enforcement against this population until formal regulations are established.

This executive order follows longstanding debates over the interpretation of the Fourteenth Amendment, which grants citizenship to all persons born or naturalized in the US, “and subject to the jurisdiction thereof.” During his previous term, former President Trump had raised similar questions through executive directives, but courts had blocked those attempts, citing constitutional protections.

The latest legal challenge continues in federal courts. The outcome will shape the future of birthright citizenship in the US, with implications for immigrant communities and their children.