The legal landscape surrounding birthright citizenship in the United States is currently in flux, with significant implications for individuals and families. As a trusted partner in immigration law, Cohen, Tucker + Ades is closely monitoring the developments related to Executive Order 14160, “Protecting the Meaning and Value of American Citizenship,” and the recently unveiled USCIS implementation plan.

Signed by President Donald J. Trump on January 20, 2025, Executive Order 14160 aims to fundamentally alter the interpretation of the Fourteenth Amendment’s Citizenship Clause. If fully implemented, this order would deny birthright citizenship to children born in the U.S. whose mothers were unlawfully present or in a temporary lawful status (e.g., on a student, work, or tourist visa) at the time of birth, unless the father is a U.S. citizen or lawful permanent resident (LPR).

What is Executive Order 14160?

Executive Order 14160 aims to redefine who is “subject to the jurisdiction” of the United States for the purposes of the 14th Amendment. Historically, the Supreme Court’s 1898 decision in United States v. Wong Kim Ark established that most individuals born on U.S. soil are U.S. citizens, regardless of their parents’ immigration status, with limited exceptions (e.g., children of foreign diplomats).

EO 14160 challenges this long-standing interpretation. It states that children born in the U.S. will not automatically acquire U.S. citizenship if, at the time of their birth:

• Their mother was unlawfully present in the U.S., AND their father was not a U.S. citizen or lawful permanent resident (LPR).

• Their mother was lawfully present in the U.S. but in a temporary status (e.g., on a student visa, work visa, or tourist visa), AND their father was not a U.S. citizen or lawful permanent resident (LPR).

The order explicitly states that U.S. government agencies should not issue or recognize documents of U.S. citizenship for individuals falling under these categories if they were born 30 days or more after the order’s signing (i.e., beginning February 19, 2025, had it not been blocked). It does not, however, affect the citizenship documentation rights of children born to lawful permanent residents.

The Current Legal Status: A Complex Picture

It is crucial to understand that Executive Order 14160 is currently subject to multiple preliminary injunctions, preventing its nationwide enforcement. This means that, as of today, July 31, 2025, children born in the United States continue to be granted U.S. citizenship under the long-standing interpretation of the 14th Amendment, regardless of their parents’ immigration status.

However, despite these injunctions, the Trump Administration has proceeded with developing implementation guidance. The U.S. Supreme Court recently narrowed some nationwide injunctions in Trump et al. v. Casa et al. on June 27, 2025, allowing government agencies to develop and issue public guidance regarding the order’s implementation. This has led to USCIS, the Department of State, and the Social Security Administration releasing their respective plans, signaling the administration’s readiness should the legal barriers be fully lifted.

Key Aspects of the USCIS Implementation Plan

While not yet in effect, the USCIS implementation plan for Executive Order 14160 provides a glimpse into how these changes would be operationalized. Our initial analysis reveals several critical points:

• Expanded “Not Subject to Jurisdiction” Definition: The plan outlines an expanded category of individuals who would not be considered “subject to the jurisdiction” of the U.S. for birthright citizenship purposes. This would include children born to mothers who were “unlawfully present” or in “lawful but temporary” statuses. The “lawful but temporary” category includes foreign nationals who have lawfully resided in the United States for several years including: aliens granted withholding of removal under INA 214(b)(3) or relief under the Convention Against of Torture; T or U visa recipients; Temporary Protected Status (TPS) beneficiaries; and deferred action recipients.

• New Documentation Requirements for Birth Certificates and Passports: A significant shift from current practice, the plan indicates that a U.S. birth certificate alone would no longer be sufficient proof of U.S. citizenship for individuals born after the order’s effective date (February 19, 2025, if the injunctions are lifted). Parents would be required to provide additional documentation proving their own citizenship or eligible immigration status at the time of the child’s birth to obtain passports and other citizenship documents for their U.S.-born child.

• “Inherited” Immigration Status: In a radical departure, the plan suggests that children born in the U.S. under these new criteria might “inherit” the immigration status of their mother. For example, a child born to a mother on an H-1B visa might be considered to have an H-4 dependent status, rather than U.S. citizenship. Children born to undocumented parents could also be considered unlawfully present.

• Interagency Coordination: The executive order mandates that various federal agencies, including USCIS, Department of State, and the Social Security Administration, align their policies. This means that changes in one agency’s process will likely impact others, creating a complex web of new requirements.

• Potential for Statelessness: A grave concern highlighted by many legal experts is the risk of statelessness for children who would be denied U.S. citizenship under this order and whose parents’ home countries do not confer citizenship by descent. Such children could face significant barriers to essential services, education, and legal protections globally.

What This Means for Individuals and Families

While the injunctions remain in place, the development of these implementation plans underscores the administration’s commitment to these changes. Should the legal landscape shift, these new rules could have profound impacts on:

• Families expecting children in the U.S.: The citizenship status of their newborn would be directly tied to the parents’ immigration status, creating immense uncertainty.

• Individuals born in the U.S. after February 19, 2025 (if the order takes effect): They may face hurdles in obtaining official documentation of U.S. citizenship, potentially impacting their access to education, healthcare, and other benefits.

• Families with non-citizen parents: The complexities of proving parental status and navigating potential “inherited” immigration statuses would add significant burdens.

• Access to Services: Non-citizen children, even those born in the U.S., could be ineligible for essential services like public education, in-state tuition, financial aid, and healthcare, depending on their “inherited” status.

• Family Unity: The policy could lead to increased risks of family separation if U.S.-born children are not recognized as citizens and face different immigration consequences than their parents.

Cohen, Tucker + Ades: Your Trusted Advisors

The team at Cohen, Tucker + Ades is dedicated to providing timely and accurate information amidst these evolving legal challenges. We understand the anxieties and uncertainties that Executive Order 14160 and its potential implementation may cause.

We strongly advise individuals who may be impacted by these potential changes to:

• Stay informed: Continue to monitor official updates from USCIS and other federal agencies.

• Consult with experienced legal counsel: For personalized advice and guidance regarding your specific situation, it is crucial to speak with a qualified immigration attorney. Our firm is prepared to help you understand your rights and options.

We will continue to closely monitor the ongoing litigation and any further guidance issued by USCis and other government agencies. Our commitment is to ensure our clients are well-prepared to navigate any changes that may arise in this critical area of immigration law.

Contact Cohen, Tucker + Ades today for a consultation to discuss your immigration needs.

About Cohen, Tucker + Ades: Cohen, Tucker + Ades is a leading immigration law firm dedicated to providing comprehensive and compassionate legal services to individuals and businesses. With decades of combined experience, our attorneys are committed to helping clients achieve their immigration goals, from family-based petitions and employment visas to complex deportation defense and naturalization.

Sources:

Executive Order 14160, “Protecting the Meaning and Value of American Citizenship” | White House

USCIS Implementation Plan of Executive Order 14160 – Protecting the Meaning and Value of American Citizenship |USCIS

The Legal Landscape, Tracking White House Executive Orders|Congressional Black Caucus Foundation

Federal Judge Issues Class Certification and PI Blocking EO on Birthright Citizenship | AILA

Analyzing the Supreme Court’s Dangerous Decision in Trump v. CASA |National Immigration Law Center