Protecting the Meaning and Value of American Citizenship

[Federal Register Volume 90, Number 18 (Wednesday, January 29, 2025)]

[Presidential Documents]

[Pages 8449-8450]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2025-02007]

Presidential Documents

Federal Register / Vol. 90 , No. 18 / Wednesday, January 29, 2025 /

Presidential Documents

[[Page 8449]]

Executive Order 14160 of January 20, 2025

Protecting the Meaning and Value of American

Citizenship

By the authority vested in me as President by the

Constitution and the laws of the United States of

America, it is hereby ordered:

Section 1. Purpose. The privilege of United States

citizenship is a priceless and profound gift. The

Fourteenth 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.'' That provision

rightly repudiated the Supreme Court of the United

States's shameful decision in Dred Scott v. Sandford,

60 U.S. (19 How.) 393 (1857), which misinterpreted the

Constitution as permanently excluding people of African

descent from eligibility for United States citizenship

solely based on their race.

rightly repudiated the Supreme Court of the United

States's shameful decision in Dred Scott v. Sandford,

60 U.S. (19 How.) 393 (1857), which misinterpreted the

Constitution as permanently excluding people of African

descent from eligibility for United States citizenship

solely based on their race.

But the Fourteenth Amendment has never been interpreted

to extend citizenship universally to everyone born

within the United States. The Fourteenth Amendment has

always excluded from birthright citizenship persons who

were born in the United States but not ``subject to the

jurisdiction thereof.'' Consistent with this

understanding, the Congress has further specified

through legislation that ``a person born in the United

States, and subject to the jurisdiction thereof'' is a

national and citizen of the United States at birth, 8

U.S.C. 1401, generally mirroring the Fourteenth

Amendment's text.

Among the categories of individuals born in the United

States and not subject to the jurisdiction thereof, the

privilege of United States citizenship does not

automatically extend to persons born in the United

States: (1) when that person's mother was unlawfully

present in the United States and the father was not a

United States citizen or lawful permanent resident at

the time of said person's birth, or (2) when that

person's mother's presence in the United States at the

time of said person's birth was lawful but temporary

(such as, but not limited to, visiting the United

States under the auspices of the Visa Waiver Program or

tates citizen or lawful permanent resident at

the time of said person's birth, or (2) when that

person's mother's presence in the United States at the

time of said person's birth was lawful but temporary

(such as, but not limited to, visiting the United

States under the auspices of the Visa Waiver Program or

visiting on a student, work, or tourist visa) and the

father was not a United States citizen or lawful

permanent resident at the time of said person's birth.

Sec. 2. Policy. (a) It is the policy of the United

States that no department or agency of the United

States government shall issue documents recognizing

United States citizenship, or accept documents issued

by State, local, or other governments or authorities

purporting to recognize United States citizenship, to

persons: (1) when that person's mother was unlawfully

present in the United States and the person's father

was not a United States citizen or lawful permanent

resident at the time of said person's birth, or (2)

when that person's mother's presence in the United

States was lawful but temporary, and the person's

father was not a United States citizen or lawful

permanent resident at the time of said person's birth.

(b) Subsection (a) of this section shall apply only

to persons who are born within the United States after

30 days from the date of this order.

States was lawful but temporary, and the person's

father was not a United States citizen or lawful

permanent resident at the time of said person's birth.

(b) Subsection (a) of this section shall apply only

to persons who are born within the United States after

30 days from the date of this order.

(c) Nothing in this order shall be construed to

affect the entitlement of other individuals, including

children of lawful permanent residents, to obtain

documentation of their United States citizenship.

Sec. 3. Enforcement. (a) The Secretary of State, the

Attorney General, the Secretary of Homeland Security,

and the Commissioner of Social Security shall take all

appropriate measures to ensure that the regulations and

policies

[[Page 8450]]

of their respective departments and agencies are

consistent with this order, and that no officers,

employees, or agents of their respective departments

and agencies act, or forbear from acting, in any manner

inconsistent with this order.

(b) The heads of all executive departments and

agencies shall issue public guidance within 30 days of

the date of this order regarding this order's

implementation with respect to their operations and

activities.

Sec. 4. Definitions. As used in this order:

(a) ``Mother'' means the immediate female

biological progenitor.

(b) ``Father'' means the immediate male biological

progenitor.

Sec. 5. General Provisions. (a) Nothing in this order

shall be construed to impair or otherwise affect:

Sec. 4. Definitions. As used in this order:

(a) ``Mother'' means the immediate female

biological progenitor.

(b) ``Father'' means the immediate male biological

progenitor.

Sec. 5. General Provisions. (a) Nothing in this order

shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or

the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget

relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with

applicable law and subject to the availability of

appropriations.

(c) This order is not intended to, and does not,

create any right or benefit, substantive or procedural,

enforceable at law or in equity by any party against

the United States, its departments, agencies, or

entities, its officers, employees, or agents, or any

other person.

(Presidential Sig.)

THE WHITE HOUSE,

January 20, 2025.

[FR Doc. 2025-02007

Filed 1-28-25; 11:15 am]

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