Trump is weighing an executive order to end birthright citizenship

By Atty. Chris Caday Lozano

With the primary purpose of restricting legal immigration,  Trump has repeatedly said that he wants to end birthright citizenship, the constitutional guarantee to all children born in America, regardless of their parents’ nationality, which he sees as a factor that draws unauthorized immigrants to come live in the US. The media reported that he is again weighing an executive action that would achieve just that in the final weeks before Inauguration Day, and that the Justice Department has been consulted on the matter.

This planned executive action would be swiftly challenged in court. It has little likelihood of survival given that it would require overturning a century-old interpretation of the 14th Amendment, which states that “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.”

Courts have long interpreted this to mean that children of noncitizens are “born in the United States and subject to its laws” and are therefore citizens.  However, immigration restrictionists from organizations such as the Center for Immigration Studies and the Federation for American Immigration Reform — groups founded by the white nationalist John Tanton that have influenced Trump’s immigration policy — have argued that the 14th Amendment had a much narrower purpose of ensuring that emancipated enslaved people would be recognized as US citizens and was never meant to confer citizenship on the children of unauthorized immigrants.

While any such executive action may be swiftly blocked in court or revoked by the incoming Biden administration, its potential chilling effect cannot be underestimated.

In addition to birthright citizenship, Trump has put up substantial barriers to foreign workers and is continuing to do so in his final days in office.

Trump issued an executive order earlier this year that froze the issuance of visas for most foreign workers applying from outside the US through the end of the year on account of Covid-19, and he is expected to extend that order. The Trump administration is also pursuing regulations that would hamstring the health care industry, universities, nonprofits, and businesses that rely on foreign talent.

One top-priority regulation for the Trump administration would alter the way that H-1B skilled worker visas are distributed: Rather than being distributed at random through a lottery process, visas would go to the applicants with the highest salaries, making it difficult for employers in specialized fields to fill entry-level jobs. Another would limit the length of time that noncitizens can stay in the US as students, exchange visitors, and journalists.

Other pending regulations would impose additional burdens on those applying for immigration benefits, requiring more evidence from US citizens or permanent residents who sponsor immigrants for green cards and additional biometrics screening, including DNA collection and voice prints.

Note: This is not a legal advice.


1.       For the month of October 2020, we received from USCIS seven approvals of Family petitions, and one Removal of Condition on residence.      

2.       For the month of September 2020, we received three naturalization approvals, four I-130 petition approvals and one DACA approval.

3.       For the month of August 2020, we received three renewals of green card and four naturalization approvals from USCIS.

4.       For the month of July 2020, we received two approvals of Naturalization applications from USCIS.

5.       For the month of June 2020, we received approvals from USCIS two naturalization applications, two renewal of green card and one adjustment of status.

6.       For the month of May 2020, we received approvals from USCIS for three green card renewals, two adjustments of status, and one naturalization application.

7.       for the month of April 2020. We received approval of one adjustment of status, three removal of condition on residence and one renewal of green card.   

8.       For the month of March 2020, we received six Adjustment of Status and three Naturalization approvals from USCIS.

9.       For the month of February 2020, we received approvals from USCIS of five Adjustment of Status applications and three Naturalization applications.

10.     For the month of January 2020, we received approvals from USCIS of five Adjustments of status applications, three N-400 applications for naturalization and three fiancé visa applications.         

11.     For the month of December 2019, we received four approvals of naturalization applications, five approvals of Adjustment of Status applications, two approvals of Petition to remove condition on residence, one renewal of green card approval and one green card application at the U.S. Embassy.  

12.     For the month of November 2019, we received approvals of one naturalization application, one renewal of green card, one Petition to remove condition on residence and one adjustment of status.        

If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation. 

Chris Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers.  He practices immigration law, bankruptcy and personal injury law since June 1999.  His contact phone is 1-877-456-9266, email: 

Toll Free 1-877-4LOZANO for free consultation or Schedule an Appointment