Birthright Citizenship and Trump’s Immigration Executive Orders

Last Updated on January 28, 2025

Welcome to the U.S. immigration news briefing from Corporate Immigration Partners, PC (CIP PC). The team is here to provide the latest updates on policy changes affecting corporate immigration. This update examines the immigration-related executive orders issued by the Trump administration on the first day of his presidency. 

President Trump’s First Set of Executive Orders Impacting Immigration 

On January 20, 2025, newly inaugurated President Trump issued several executive orders focusing on immigration. Key aspects of the Trump administration’s efforts, termed “Secure Our Borders” and “Protect the Meaning and Value of American Citizenship,” include: 

Immigration-Related Executive Actions  

  • Immediate cessation of the “CBP One” application that allowed individuals seeking asylum to request an appointment for an interview digitally.   
  • Termination of programs that allow Cubans, Haitians, Nicaraguans and Venezuelans to seek parole into the U.S. based on humanitarian reasons.   
  • An increased force of immigration and law enforcement officers, supported by adequate technology, will enforce the continuation of the physical wall and other barriers.
  • Authorities will enforce detention measures to the fullest extent of the law for any foreign national violating immigration laws. This policy will prevent the release of foreign nationals into the U.S., thereby ending the “catch-and-release” practice.
  • Focus on Migrant Protection Protocols that return foreign nationals pending removal proceedings to the country of origin.   
  • Enlist the international community’s cooperation to facilitate agreements to cease the migration of foreign nationals into the U.S.   
  • The DNA Fingerprint Act of 2005 will create a DNA database. All detained foreign nationals will be subject to DNA collection using available technologies and procedures to determine the validity of any claimed familial relationships between individuals encountered or apprehended by the Department of Homeland Security. 
  • Prioritization of prosecution of offenses that involve human smuggling, human trafficking, child trafficking and sex trafficking in the U.S.  

Birthright Citizenship 

The executive order “Protect the Meaning and Value of American Citizenship” specifically targets birthright citizenship. Birthright citizenship is outlined by the 14th Amendment to the U.S. Constitution, which states that “a person born in the U.S., and subject to the jurisdiction thereof,” is deemed a U.S. citizen. This order seeks to deny this right for individuals born 30 days or more after January 20, 2025, who meet the following criteria: 

  • When that person’s mother was unlawfully present in the U.S. and the father was not a U.S. citizen or lawful permanent resident at the time of said person’s birth; or 
  • When that person’s mother’s presence in the U.S. at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the U.S. under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa). The father was not a U.S. citizen or lawful permanent resident at the time of said person’s birth. 

Examining Executive Order on Birthright Citizenship  

In practice, the order requires that as of February 19, 2025, officials could refuse U.S. passports or other documents recognizing U.S. citizenship for children born in the U.S. to parents in employment-based nonimmigrant status (e.g., H-1B, TN, L-1, O-1, etc.). The order has already been challenged in court, and further legal challenges are expected.  

Still to come:  

The executive order “Protecting the U.S. from Foreign Terrorists and Other National Security and Public Safety Threats” instructs government agencies to recommend enhanced screening and vetting measures for visas and other immigration benefits. Agencies will make additional announcements regarding these enhanced security measures and entry restrictions over the next 60 days. Currently, the government has instructed agencies to:

  • Identify countries for which vetting and screening are deficient. 
    • Identify the number of foreign nationals from specified countries who have entered or been admitted to the U.S.
  • Evaluate all existing regulations, policies and procedures regarding inadmissibility and all visa programs to enhance U.S. security and interests.  

These measures will likely increase the scrutiny of visa applications, increase the rate of visa refusals and extend administrative processing times.

Don’t Miss an Update   

Envoy Global’s top-tier immigration management platform helps HR and mobility professionals deliver comprehensive immigration support worldwide. CIP PC, a leading employment-based immigration law firm and an affiliate of Envoy Global, offers tailored assistance to U.S. employers of all sizes and industries.  

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Envoy is pleased to provide you with this information, which was prepared in collaboration with Corporate Immigration Partners, P.C., a U.S. law firm who provides services through the Envoy Platform (the “U.S. Law Firm”). 

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