Following his inauguration on Jan. 20, 2025, President Donald Trump signed several executive orders designed to advance his immigration agenda. The orders include:
- Ending Birthright Citizenship
- Enhanced Vetting
- Creating "Homeland Security Task Forces"
- Ending Birthright Citizenship
This order directs federal agencies to refuse to recognize U.S. citizenship for children born in the United States to mothers in the country illegally, or who are present in the United States on non-immigrant visas, if the father is not a U.S. citizen or green card holder.
The order will deny U.S. citizenship, including passports, to children born in the United States 30 days from Jan. 20, 2025, if at least one parent is not an American citizen or green card holder. It is not clear what status, if any, these children will be deemed to hold upon birth in the U.S.
Court challenges to the order are expected. The U.S. Supreme Court ruled more than a century ago that children born in the United States to foreign parents are U.S. citizens under the 14th Amendment. See United States v. Wong Kim Ark, 169 U.S. 649 (1898). The only legally recognized exception applies when both parents are diplomats with immunity from U.S. laws.
Two dozen states and cities have filed a lawsuit in the U.S. District Court for the District of Massachusetts challenging President Trump's executive order regarding birthright citizenship. While the litigation is pending, employees on non-immigrant visas who are due to give birth more than 30 days from Jan. 20, 2025, should evaluate the eligibility of their children for non-immigrant visas.
- Enhanced Vetting
President Trump has signed an order to "enhance vetting and screening of illegal aliens." The order directs agencies to provide recommendations to the president for suspending entry of migrants from "countries of particular concern."
During his first administration, President Trump banned travel from countries, including Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen for 90 days with certain exceptions. The bans were challenged in court, but they were ultimately upheld by the Supreme Court in Trump v. Hawaii, et al., 585 U.S. 667, 138 S. Ct. 2392 (2018).
It is not clear which countries may be the targets of travel bans under the second Trump Administration, or when travel bans may take effect. Employees from countries that have been the targets of prior travel bans may wish to reconsider foreign travel or, if currently abroad, return to the United States as soon as possible. Jackson Lewis will monitor developments and provide updates.
- Creating "Homeland Security Task Forces"
President Trump has signed an executive order to establish "federal...
