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Federal Agencies Outline Procedures to Enforce Trump’s Birthright Citizenship Order

Guidance requires parents to show citizenship or lawful residency before newborns can obtain passports, Social Security numbers or benefits once the order is cleared for enforcement

Overview

  • State Department documents instruct passport offices to request original proof of a parent’s U.S. citizenship or immigration status before processing newborn applications.
  • Social Security Administration guidance states that birth certificates alone will no longer suffice to issue numbers and that parents must demonstrate citizen or lawful permanent resident status.
  • A USCIS memo defines exempt groups such as children of asylees and refugees and outlines criteria for “unlawfully present” or “lawful but temporary” parental status.
  • Health and Human Services, CMS and the Agriculture Department have issued parallel plans to verify parental status for newborns seeking public assistance.
  • Lower-court injunctions still block enforcement in most jurisdictions and the ACLU and state attorneys general are continuing class-action lawsuits to prevent implementation.