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U.S. Birthright Citizenship: The new Trump Order and its Legal Challenges
Angelica Rice • January 23, 2025
On January 20, 2025, President Donald Trump signed an executive order titled "Protecting the Meaning and Value of American Citizenship," which aims to end birthright citizenship for certain children born in the United States. This order specifically targets children born to mothers who are either unlawfully present or temporarily in the U.S. on visas, such as student, work, or tourist visas, if the father is neither a U.S. citizen nor a lawful permanent resident. Under this new policy, these children will no longer be granted automatic U.S. citizenship. The order is set to take effect 30 days from its signing and applies only to births occurring after that period, meaning it does not retroactively affect children born before the effective date.
This executive order challenges the long-standing interpretation of the 14th Amendment of the U.S. Constitution, which guarantees citizenship to all individuals born on American soil. The amendment states, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." For over a century, this provision has been understood to grant citizenship to most individuals born in the U.S., regardless of their parents' immigration status.
In response to the executive order, immigrant rights advocacy groups, including the American Civil Liberties Union (ACLU), have filed lawsuits challenging its constitutionality. They argue that the order violates the clear mandate of the 14th Amendment and undermines fundamental American values. Legal experts anticipate that this issue will be contested in courts, with the potential for the order to be blocked or overturned.
On January 23, 2025, a federal judge in Seattle issued a temporary restraining order (TRO), effectively blocking the executive order from taking effect for the next 14 days. The court cited potential constitutional violations and the need for further legal briefings before any enforcement could proceed. This ruling provides temporary relief to affected families and signals the likelihood of a prolonged legal battle. Further hearings are scheduled to determine whether the order will be permanently blocked or allowed to proceed.
For families affected by this order, there is growing concern about the potential challenges their children may face without U.S. citizenship. Access to essential services, education, and employment opportunities could become more difficult for those impacted. However, it is important to remain hopeful, as the legal system provides checks and balances to ensure that any executive action aligns with constitutional principles. Historically, similar attempts to restrict birthright citizenship have faced significant legal challenges and have not been upheld.
If you or someone you know may be impacted by this executive order, staying informed and understanding your rights is crucial. At Santos Lloyd Law Firm, P.C., our trusted immigration attorneys are available to provide guidance and support during this uncertain time, please contact us if you need assistance.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
Angelica Rice
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On January 29, 2025, President Trump signed the Laken Riley Act into law, significantly altering how immigration policies are enforced in the United States. This legislation grants State attorneys general and other authorized officials unprecedented authority to interpret and implement federal immigration policies. It also empowers them to take legal action against the federal government if they believe federal immigration enforcement negatively impacts their state. With this new authority, states now play a direct role in shaping immigration outcomes—a responsibility traditionally held by the federal government. One of the most immediate effects of the Laken Riley Act is that it allows states to seek injunctive relief to block the issuance of visas to nationals of countries that refuse or unreasonably delay the acceptance of their citizens who have been ordered removed from the United States . This means that if a country does not cooperate with U.S. deportation efforts, its nationals—regardless of their legal status—could face significant difficulties obtaining or renewing visas. As a result, foreign nationals from these countries may encounter increased uncertainty when traveling internationally or securing work authorization in the U.S. Beyond visa processing, the law introduces a new level of unpredictability into the immigration system. By allowing state attorneys general to intervene in federal procedures, and immigration policies that may now vary based on state-level decisions. In the coming months, it remains to be seen how individual states will wield this power—whether they will actively seek to block visa issuance or push for broader immigration enforcement measures. For foreign nationals and employers, staying informed about which countries are deemed “uncooperative” is now more important than ever. Those needing visa renewals or planning international travel should prepare for potential delays and seek professional guidance to navigate these uncertainties. The Laken Riley Act also mandates federal immigration authorities to detain and deport individuals without legal status who are charged with certain offenses, including minor theft or shoplifting, assaulting a law enforcement officer, and crimes resulting in death or serious bodily injury. This provision underscores a stricter approach to immigration enforcement, affecting individuals accused of both minor and serious offenses. With immigration policies now subject to a new layer of state involvement, it is more important than ever to stay informed and prepared for potential challenges. If you have concerns about how the Laken Riley Act may affect your immigration status or business, contact Santos Lloyd Law Firm for strategic counsel tailored to your needs.
As the election results confirm the return of a Trump administration, we know many of you may be concerned about what this means for immigration policy and the future of your lives and families in the United States. Having been through this before, we at Santos Lloyd Law Firm want to reassure you: we are here, steadfast and ready to support you through any challenges that lie ahead . We see your concerns, we hear your fears, and we stand with you. While there may be changes on the horizon, it’s important to remember that shifts in policy will take time. Legislative and policy changes do not happen overnight . They often unfold slowly, with legal reviews and, in many cases, judicial challenges. We understand how naturally unsettling this uncertainty can be. Yet it is in times like these that we ask you to trust that our team will always provide you with the latest, most accurate information. We are closely monitoring the situation and are prepared to adapt to any shifts in policy, executive orders, or regulations in the months ahead. This is not the first time Santos Lloyd has faced an uncertain political landscape. Many of you may recall the significant changes during the first Trump administration—policies that threatened family unity, sought to redefine pathways to citizenship, and challenged the stability of immigrant communities. Through those times, our attorneys stood strong, advocating for clients’ rights in courts, challenging unjust policies, and working tirelessly to keep families together and futures secure for those who contribute so much to this country. With each challenge, our firm has only grown stronger. We have gained invaluable experience and built a foundation of advocacy, resilience, and expertise that serves as the backbone of our firm. The months ahead will require our full focus and vigilance, but our dedication to you is unwavering, and our resolve to support you remains absolute. As we look ahead, our commitment to you remains our top priority. We know immigration is more than just paperwork or legal procedures—it’s about lives, families, and dreams. Our mission has always been to provide not only exceptional legal service but also to be a pillar of support, especially in uncertain times. We are here to answer your questions, address your concerns, and provide encouragement as we move forward together. At Santos Lloyd Law Firm, we are more than attorneys; we are your advocates, allies, and comrades. Our team believes that a successful case is not only about outcomes but about supporting our clients through the emotions, challenges, and triumphs that come with immigration law. We want to remind you that, while the coming months may bring changes, they will also bring new opportunities for us to stand beside you, to advocate for what’s fair, and to prove that even in the face of obstacles, we are stronger together . Please continue to reach out with any questions or concerns you may have. Whether you need legal guidance, a moment of reassurance, or simply a connection with someone who truly understands your journey, we are here. Thank you for placing your trust in Santos Lloyd Law Firm. Together, we will navigate these times with resilience, courage, and unwavering commitment to each and every one of you. We look forward to continuing our work together and to helping you achieve the dreams you’ve worked so hard to build.
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