The United States Citizenship and Immigration Services (USCIS) has released a detailed plan outlining how it would enforce a Trump-era executive order aimed at ending automatic birthright citizenship for certain children born in the United States—if the policy is permitted to take effect.
At the heart of the proposed change is how the government would treat children born on U.S. soil to non-citizen parents who are lawfully present in the country but only temporarily, such as on a student visa, temporary work permit, or tourist visa.
What Would Change?
Under the USCIS plan, children born in the U.S. to parents who are both non-citizens and lack permanent status—such as U.S. citizenship or a green card—would not be granted U.S. citizenship at birth.
Instead, USCIS would adopt a legal framework similar to the current system for children of foreign diplomats. Children born in the U.S. to diplomats are excluded from birthright citizenship under the 14th Amendment, as they are not considered “subject to the jurisdiction” of the U.S. under existing interpretations.
A New Registration Process
USCIS proposes that such children would be allowed to register and receive the same lawful status as their mother at birth—much like the limited lawful permanent resident (LPR) registration process currently used for children of diplomats.
For example, a child born to a mother in the U.S. on a student visa would not become a U.S. citizen, but rather would be eligible to register as a non-immigrant under her temporary status.
No Immediate Deportation
The Department of Homeland Security (DHS) has said that while this new process is being developed and formalized, immigration enforcement will be deferred for these children, meaning they will not be subject to deportation proceedings during the interim.
However, the policy remains contingent upon legal approval, as constitutional scholars and civil rights advocates are expected to challenge the measure, citing the 14th Amendment’s longstanding guarantee of birthright citizenship to all individuals born on U.S. soil, regardless of their parents’ immigration status.
Legal Implications and Criticism
Legal experts argue that this move could result in statelessness, unequal treatment, and complex litigation, especially for children who grow up in the U.S. but lack full citizenship rights.
Critics say the executive order contradicts over a century of legal precedent, including the landmark 1898 U.S. Supreme Court decision United States v. Wong Kim Ark, which affirmed citizenship for children born in the U.S. to non-citizen parents.
Supporters of the policy argue that it closes a loophole in the immigration system and aligns with the original intent of the Constitution.
