As of February 28, 2025, the U.S. Citizenship and Immigration Services (USCIS) maintains that individuals born in the United States are U.S. citizens at birth, in accordance with the 14th Amendment of the U.S. Constitution. This principle, known as “birthright citizenship”, has been a longstanding interpretation of U.S. law.
On January 20, 2025, President Donald Trump issued Executive Order 14160, titled “Protecting the Meaning and Value of American Citizenship,” aiming to redefine the scope of birthright citizenship. The order seeks to exclude from automatic citizenship those born in the U.S. to parents who are either unlawfully present or in the country on temporary visas. However, this executive order has been met with immediate legal challenges. Multiple federal judges have issued preliminary injunctions blocking its enforcement, citing conflicts with the 14th Amendment and established Supreme Court precedents. As these legal proceedings are ongoing, USCIS continues to uphold the traditional interpretation of birthright citizenship.
Regarding the ability of U.S. citizens aged 21 and over to sponsor their foreign-born parents for permanent residency, USCIS policy remains unchanged. U.S. citizens who are at least 21 years old can file a Form I-130, Petition for Alien Relative, to initiate this process. This provision allows adult U.S. citizens to sponsor their parents, enabling them to become lawful permanent residents of the United States.
It’s important to note that while the executive order challenges aspects of birthright citizenship, it does not impact the existing rights of adult U.S. citizens to sponsor their foreign-born parents. Individuals considering this process should stay informed about any future policy changes and consult official USCIS resources or legal counsel for personalized guidance.
Last Revision: 2025-3-1