Immigration

United States | Update on the President’s Executive Order ending birthright citizenship and other recent immigration related actions

Summary

This alert contains two updates on the Trump Administration’s recent immigration policy changes. First, there has been recent activity in reaction to the birthright citizenship executive order that was signed on January 20, 2025. Since issuing the order, twenty-two states and various organizations have filed lawsuits alleging the Executive Order violates the 14th Amendment of the US Constitution. Second, in an effort to reform the immigration system, President Trump dismissed four senior officials of the Executive Office for Immigration Review.

The detail

Update on Birthright Executive Order

On January 20, 2025, President Donald Trump signed an Executive Order titled “Protecting the Meaning and Value of American Citizenship,” aiming to end birthright citizenship for children born in the US to undocumented immigrants or those on temporary visas.

Key provisions of the Executive Order

The 14th amendment of the US Constitution states “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” The Executive Order, signed by the President, argues that the 14th amendment does not apply to individuals born in the US to parents who reside in the US undocumented or on a temporary visa. The Order specifies that children born in the US will not automatically acquire citizenship if:

1. The mother was unlawfully present in the US at the time of birth, and the father was neither a US citizen nor a lawful permanent resident.
2. The mother was in the US on a temporary visa (e.g., student, work, or tourist visa), and the father was neither a US citizen nor a lawful permanent resident.

The provisions are set to apply to individuals born 30 days after the date of the order, which is February 19, 2025.

Legal challenges

The executive order has faced immediate legal opposition from the following:

1. State Lawsuits: A total of twenty-two States have filed lawsuits challenging the executive order. Eighteen States and two cities filed a lawsuit in the United States District Court for the District of Massachusetts, with an additional four States joining in a separate lawsuit in the United States District Court for the Western District of Washington.
2. Civil Rights Organizations: The American Civil Liberties Union (ACLU, Asian Law Caucus, State Democracy Defenders Fund, and Legal Defense Fund  have challenged the order in court, arguing that it violates the 14th Amendment and that only a constitutional amendment can change this provision.

Implications

If upheld, the Executive Order would affect a significant number of children born in the US to parents who are undocumented or on temporary visas, potentially denying them citizenship and associated rights. The legal battles are expected to proceed through federal courts, with potential appeals to the Supreme Court, which will have significant implications for immigration policy and the interpretation of the 14th Amendment.

President Trump dismisses top immigration officials

On January 20, 2025, President Donald Trump dismissed four senior officials from the Executive Office for Immigration Review (EOIR), the agency overseeing the US immigration court system.  Sirce E. Owen has been appointed as the acting director of EOIR. Owen previously served as the chief legal adviser to Immigration and Customs Enforcement (ICE) during Trump’s first term.

What this means

With respect to the Executive Order that ends birthright citizenship, it is likely the case will ultimately reach the US Supreme Court for a final decision on the constitutionality of the Order.  The courts may also potentially grant an injunction to prevent the Executive Order from going into effect until a final decision is issued.  We will continue to monitor the pending lawsuits and provide updates as they become available.

Contact us

For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:

Manish Daftari
Partner

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