09 Oct Trump policy on dual citizenship

While dual citizenship is still legally recognized in the United States, Donald Trump’s administration has taken action to restrict it, most significantly by attempting to end birthright citizenship for children of certain non-citizens. The policy, introduced through a January 2025 executive order, is currently blocked by federal courts but is on appeal to the Supreme Court.

The 2025 executive order on birthright citizenship

On January 20, 2025, President Trump issued an executive order titled “Protecting the Meaning and Value of American Citizenship” that attempts to deny U.S. citizenship to children born in the U.S. to parents without permanent legal status.

What it does

• The executive order, if implemented, would deny citizenship to newborns in the U.S. if the mother was present “unlawfully” or on a “lawful but temporary” basis and the father is not a U.S. citizen or permanent resident.
• It specifically targets the children of undocumented immigrants and those with temporary visas, including H-1B, F-1, J-1, and tourist visas.
• The policy asserts that children of non-citizens are not “subject to the jurisdiction” of the U.S. and therefore not covered by the 14th Amendment’s citizenship clause.
• This policy would not affect children born to at least one U.S. citizen or legal permanent resident.

Legal challenges and status

• Multiple lawsuits were filed by immigrant rights groups and state attorneys general, arguing the order is unconstitutional.
• Multiple federal courts have issued preliminary injunctions blocking the order’s nationwide implementation, though the administration has appealed to the Supreme Court.
• The Supreme Court is expected to rule on the constitutionality of the executive order in its October 2025 term.
• Until a final ruling, children born in the U.S. are still granted birthright citizenship under the long-standing interpretation of the 14th Amendment.
  Broader restrictions on dual citizens
  In addition to the birthright citizenship executive order, the Trump administration has implemented other policies impacting dual citizens, though these do not legally prohibit holding dual nationality.
• Travel bans: Some travel bans enacted by the administration restrict entry for nationals of certain countries. While U.S. dual nationals are exempt from these bans, an individual may be subject to the ban if they are considered a national of a designated country, even if they hold a passport from an exempt nation.
• Passport requirements: The administration has proposed regulations, including in 2025, that would impose new requirements on Diversity Visa applicants. While this is not specific to dual citizens, it adds hurdles for some individuals who may be seeking U.S. citizenship while retaining their foreign nationality.
• Increased scrutiny: For dual nationals from certain countries, particularly those under travel restrictions, increased scrutiny at U.S. ports of entry and during the visa or naturalization process is a possibility.

Note: This is not legal advice.

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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 has practiced immigration law, bankruptcy, and income tax representation since June 1999. His contact phone is 1-877-456-9266, email: info@CCLlaw.net Website: www.crispinlozanolaw.com/ with offices in Hayward and Cerritos, CA.