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[Federal Register Volume 90, Number 18 (Wednesday, January 29, 2025)]
[Presidential Documents]
[Pages 8449-8450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02007]



                        Presidential Documents 



Federal Register / Vol. 90 , No. 18 / Wednesday, January 29, 2025 / 
Presidential Documents

[[Page 8449]]

                Executive Order 14160 of January 20, 2025

                
Protecting the Meaning and Value of American 
                Citizenship

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby ordered:

                Section 1. Purpose. The privilege of United States 
                citizenship is a priceless and profound gift. The 
                Fourteenth Amendment states: ``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.'' That provision 
                rightly repudiated the Supreme Court of the United 
                States's shameful decision in Dred Scott v. Sandford, 
                60 U.S. (19 How.) 393 (1857), which misinterpreted the 
                Constitution as permanently excluding people of African 
                descent from eligibility for United States citizenship 
                solely based on their race.

                But the Fourteenth Amendment has never been interpreted 
                to extend citizenship universally to everyone born 
                within the United States. The Fourteenth Amendment has 
                always excluded from birthright citizenship persons who 
                were born in the United States but not ``subject to the 
                jurisdiction thereof.'' Consistent with this 
                understanding, the Congress has further specified 
                through legislation that ``a person born in the United 
                States, and subject to the jurisdiction thereof'' is a 
                national and citizen of the United States at birth, 8 
                U.S.C. 1401, generally mirroring the Fourteenth 
                Amendment's text.

                Among the categories of individuals born in the United 
                States and not subject to the jurisdiction thereof, the 
                privilege of United States citizenship does not 
                automatically extend to persons born in the United 
                States: (1) when that person's mother was unlawfully 
                present in the United States and the father was not a 
                United States citizen or lawful permanent resident at 
                the time of said person's birth, or (2) when that 
                person's mother's presence in the United States at the 
                time of said person's birth was lawful but temporary 
                (such as, but not limited to, visiting the United 
                States under the auspices of the Visa Waiver Program or 
                visiting on a student, work, or tourist visa) and the 
                father was not a United States citizen or lawful 
                permanent resident at the time of said person's birth.

                Sec. 2. Policy. (a) It is the policy of the United 
                States that no department or agency of the United 
                States government shall issue documents recognizing 
                United States citizenship, or accept documents issued 
                by State, local, or other governments or authorities 
                purporting to recognize United States citizenship, to 
                persons: (1) when that person's mother was unlawfully 
                present in the United States and the person's father 
                was not a United States citizen or lawful permanent 
                resident at the time of said person's birth, or (2) 
                when that person's mother's presence in the United 
                States was lawful but temporary, and the person's 
                father was not a United States citizen or lawful 
                permanent resident at the time of said person's birth.

                    (b) Subsection (a) of this section shall apply only 
                to persons who are born within the United States after 
                30 days from the date of this order.
                    (c) Nothing in this order shall be construed to 
                affect the entitlement of other individuals, including 
                children of lawful permanent residents, to obtain 
                documentation of their United States citizenship.

                Sec. 3. Enforcement. (a) The Secretary of State, the 
                Attorney General, the Secretary of Homeland Security, 
                and the Commissioner of Social Security shall take all 
                appropriate measures to ensure that the regulations and 
                policies

[[Page 8450]]

                of their respective departments and agencies are 
                consistent with this order, and that no officers, 
                employees, or agents of their respective departments 
                and agencies act, or forbear from acting, in any manner 
                inconsistent with this order.

                    (b) The heads of all executive departments and 
                agencies shall issue public guidance within 30 days of 
                the date of this order regarding this order's 
                implementation with respect to their operations and 
                activities.

                Sec. 4. Definitions. As used in this order:

                    (a) ``Mother'' means the immediate female 
                biological progenitor.
                    (b) ``Father'' means the immediate male biological 
                progenitor.

                Sec. 5. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.
                    (c) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    January 20, 2025.

[FR Doc. 2025-02007
Filed 1-28-25; 11:15 am]
Billing code 3395-F4-P
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