Update on Birthright Citizenship and Family Sponsorship Policy
(As of February 28, 2025)
Birthright Citizenship Remains in Effect
As of February 28, 2025, U.S. Citizenship and Immigration Services (USCIS) continues to recognize that individuals born on U.S. soil are citizens at birth, in line with the 14th Amendment of the U.S. Constitution. This principle—commonly referred to as birthright citizenship—has been a well-established interpretation of U.S. law for generations.
Executive Order 14160 and Legal Challenges
On January 20, 2025, President Donald Trump issued Executive Order 14160, titled “Protecting the Meaning and Value of American Citizenship.” This order aims to limit automatic citizenship for children born in the U.S. to parents who are either:
- Unlawfully present, or
- In the U.S. on temporary visas
However, the executive order has faced immediate legal challenges. Several federal judges have issued preliminary injunctions, blocking its enforcement due to potential conflicts with:
- The 14th Amendment, and
- Longstanding Supreme Court precedent
While these court proceedings are still ongoing, USCIS continues to apply the traditional interpretation of birthright citizenship.
Sponsoring Parents for Permanent Residency: No Change
The executive order does not affect the rights of U.S. citizens to sponsor foreign-born parents for permanent residency.
Under current USCIS policy:
- U.S. citizens aged 21 or older may file Form I-130 (Petition for Alien Relative) to sponsor their parents for lawful permanent residence (green card).
- This process remains fully available and unchanged.
Key Takeaway
Despite the proposed changes under Executive Order 14160, the existing rights and procedures for family-based immigration remain intact. U.S. citizens can still sponsor their foreign-born parents for green cards.
Recommendation
Individuals considering this process should:
- Monitor any developments in immigration policy or litigation, and
- Refer to official USCIS resources or consult with a qualified immigration attorney for tailored advice.
Last Revision: March 2025.