Continuing to Protect the Meaning and Value of American Citizenship

Key Points

• The order follows a Supreme Court ruling that narrowed birthright citizenship, and it lists specific groups of children who will not get automatic U.S. citizenship even though they were born in the country.
• Children are excluded from citizenship if either parent is a member of a designated terrorist organization or has been labeled a global terrorist by the U.S. government.
• Children of foreign diplomats, embassy staff, and employees of international organizations with diplomatic immunity are also excluded, following long-standing legal tradition around diplomatic status.
• The order targets birth tourism and surrogacy arrangements set up specifically to obtain citizenship, whether through paying for a mother to travel to give birth in the U.S. or hiring a surrogate here.
• Children born in U.S. territories where federal law does not automatically grant citizenship, such as American Samoa, are also covered by this exclusion.
• Agencies including the State Department, Justice Department, Homeland Security, and Social Security Administration have 30 days to issue guidance on how they will carry out these rules.