The Executive Order (EO) titled “Protecting the Meaning and Value of American Citizenship,” imposes a radical interpretation of the 14th Amendment of the U.S. Constitution, so that it no longer extends birthright citizenship to all persons born in the United States.
There are two main theories or principles that most nations apply when determining who can become a citizen, which are known by their Latin terms. There is “jus sanguinis,” which is the principle that a person may acquire citizenship based on the citizenship of their parents, and “jus soli,” which means that one acquires citizenship based on where they were born.
The longstanding interpretation of the 14th Amendment has been that citizenship is guaranteed at birth to almost all individuals born in the United States or in U.S. jurisdictions, based on jus soli. But some individuals born outside of the United States to U.S. citizen parents are born U.S. citizens based on jus sanguinis (for example, the children of diplomats). Congress, through the Immigration and Nationality Act, has outlined the rules for the cases of citizenship acquired through jus sanguinis.
This EO states that this long-held belief of the 14th Amendment’s guarantee of jus soli birthright citizenship is wrong and sets out a new standard for the persons who will qualify for it. It states that a person does not acquire citizenship if (1) their mother was unlawfully present in the United States and their father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when a person’s mother’s presence in the United States was lawful but temporary—for example they were visiting the United States as a tourist, student, or temporary worker—and if the person’s father was not a United States citizen or lawful permanent resident at the time of the person’s birth.
The EO prohibits the departments and agencies of the U.S. government from issuing documents recognizing United States citizenship to persons born under those circumstances, and prohibits them from accepting documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship. The new standard for birthright citizenship will apply to all persons born within the United States 30 days after the issuance of the EO. The ultimate impact of this EO will be to create a new underclass of people who are left stateless and without rights.