On January 20, 2025, a new executive order was issued that introduces changes to birthright citizenship in the United States. Under this new order, children born in the U.S. to parents who are in the country on temporary visas, such as work visas (H-1B, L-1, etc.), will no longer automatically be granted U.S. citizenship.
The executive order clarifies that the 14th Amendment of the U.S. Constitution, which historically granted citizenship to those born in the U.S., does not extend to children born to parents who are not U.S. citizens or lawful permanent residents, and who are only in the U.S. temporarily (such as on a tourist, student, or work visas). This change will apply to children born 30 days after the date of this order.
While this order does not impact children of lawful permanent residents or those with other valid citizenship claims, it is a significant shift in how birthright citizenship is interpreted. The U.S. government will also ensure that federal agencies are aligned with these new guidelines, including denying citizenship recognition for those affected by this change.
At Apfel Law Group, we are actively monitoring developments related to this executive order and its impact on immigration law. If you or your employees and their dependents may be affected by this policy change, we encourage you to reach out to our team. We are here to provide the guidance and support you need to navigate these changes.
Follow us for updates as we continue to track this evolving issue and await further federal guidance.