How President Donald Trump’s Redefinition of Citizenship Could Affect Temporary Workers and Their Children
President Donald Trump’s recent executive order seeking to limit birthright citizenship has sparked fierce legal and constitutional debates. For temporary workers, this introduces significant uncertainty regarding their children’s citizenship rights and the stability of their lives in the United States.
1. Birthright Citizenship and the 14th Amendment
The 14th Amendment, ratified in 1868, guarantees citizenship to anyone born on U.S. soil, regardless of their parents’ status. President Donald Trump’s recent executive order challenges how this rule should be applied.
2. What the Executive Order Proposes
The executive order emphasizes that citizenship is a “priceless gift”. It argues that the 14th Amendment does not guarantee citizenship to everyone born in the U.S. and has always excluded certain groups.
It expands on this point by stating that children born in the U.S. are not automatically granted citizenship if:
- The mother is in the U.S. unlawfully, and the father is neither a U.S. citizen nor a lawful permanent resident at the time of the child’s birth.
- The mother is in the U.S. temporarily (e.g., on a student, work, or tourist visa), and the father is neither a U.S. citizen nor a lawful permanent resident at the time of the child’s birth.
Essentially, the order ties citizenship eligibility to the parents’ legal status, especially emphasizing the immigration status of the mother at the time of the child’s birth.
3. Implications for Temporary Workers and Families
For families on temporary status (H-1B, L-1, TN, F-1, etc.), this order raises concerns about the future of their U.S.-born children. Although it applies only to children born 30 days after the order’s effective date, its potential impact on long-term planning and stability remains significant such as:
- Uncertainty for Families: Temporary workers worry whether their U.S.-born children will be denied citizenship, creating anxiety about their children’s future.
- Talent Mobility Risks: Industries like technology and healthcare rely heavily on the L-1 and H-1B programs. If families perceive the U.S. as less welcoming, skilled workers may choose opportunities in other countries, weakening America’s competitive edge.
4. Legal Pushback and Limits: What President Donald Trump can really do?
The order is unlikely to take effect anytime soon. Legal challenges, including a lawsuit filed by 18 Democratic state attorneys general against the executive order, as of January 22nd, will delay its implementation. Even if the order is upheld in court, Congress would need to address the broader consequences. Changing this long-standing right would require more than just a presidential order.
Follow Donald Gross Law to stay informed on how this order could impact you and the future of immigration in the U.S.