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EO 14160Executive OrderTrump 47 · R

Executive Order 14160

Protecting the Meaning and Value of American Citizenship

This executive order directs federal agencies to deny recognition of birthright U.S. citizenship to certain children born on U.S. soil: those whose mothers were unlawfully present or temporarily visiting (e.g., on visas) and whose fathers were not U.S. citizens or lawful permanent residents at birth. The policy takes effect for births occurring more than 30 days after January 20, 2025.

Federal Register Open PDF 90 FR 8449

Impact dates

  1. Policy takes effect for births after this date (30 days from signing)

  2. Agency heads must issue public guidance on implementation

Key directives

  • No federal agency shall issue documents recognizing U.S. citizenship to covered persons
  • No federal agency shall accept state/local documents purporting to recognize citizenship for covered persons
  • Secretary of State, Attorney General, Secretary of Homeland Security, and Commissioner of Social Security must align regulations and policies with this order
  • All executive department and agency heads must issue public guidance within 30 days

Who is ordered

Timeline

Immediate

  • Order signed and published
  • Policy direction issued to federal agencies

Near term (90d)

  • 30-day deadline for agency heads to issue public implementation guidance (by February 19, 2025)
  • Policy takes effect for births after February 19, 2025

Long term

  • Potential litigation challenging constitutionality under Fourteenth Amendment
  • Possible revision of agency regulations on citizenship documentation
  • State-local conflicts over birth certificates and citizenship records

Risks & tensions

  • Constitutional challenge likely on Fourteenth Amendment birthright citizenship grounds; text acknowledges but disputes established interpretation
  • Conflict with 8 U.S.C. 1401 statutory framework
  • State-local governments may issue birth certificates that federal government refuses to recognize, creating document conflicts
  • Definition of 'mother' and 'father' as 'immediate biological progenitors' may create practical enforcement difficulties and disputes
  • Vague whether 'temporary' status includes all nonimmigrant categories; examples given are non-exhaustive
Executive Order 14160: Protecting the Meaning and Value of American Citizenship · Executive Orders