Birthright Citizenship Overhaul: No Auto-Citizenship for Some U.S. Babies
Published Date: 1/29/2025
Presidential Document
Summary
This new order changes who automatically gets U.S. citizenship at birth. If a baby’s mom is in the U.S. illegally or only temporarily, and the dad isn’t a citizen or permanent resident, the baby won’t automatically be a citizen anymore. This affects families and government agencies starting right away, with no new fees but big changes in citizenship rules.
Analyzed Economic Effects
4 provisions identified: 1 benefits, 3 costs, 0 mixed.
No automatic birthright citizenship
If a baby is born in the United States after February 19, 2025 and the mother was unlawfully present in the U.S. or was in the U.S. lawfully but only temporarily, and the father was not a U.S. citizen or lawful permanent resident at the time of birth, federal departments and agencies shall not issue or accept documents recognizing that person as a U.S. citizen.
Federal agencies barred from recognizing citizenship
The Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Commissioner of Social Security must ensure their departments do not issue documents recognizing U.S. citizenship, or accept state/local documents recognizing citizenship, for persons born in the United States after February 19, 2025 who meet the mother/father conditions in the order.
Biological parent definition controls eligibility
For the purposes of this order, 'mother' and 'father' are defined as the immediate female and male biological progenitors; the order's citizenship rules use these biological definitions when determining who is covered.
Children of lawful permanent residents unaffected
The order states that it does not affect the entitlement of other individuals, including children of lawful permanent residents, to obtain documentation of their United States citizenship.
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Key Dates
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