U.S. Citizenship and Immigration Services (USCIS) issued a memo issuing new guidelines regarding birthright citizenship parameters. The memo states children aren’t entitled to birthright citizenship if their mother is unlawfully present in U.S. at the time of their birth and if their father isn’t a citizen or green card holder. This marks a change in how the USCIS views children of undocumented migrants and foreign residents. The memo is included in Interpreter Releases August 4, 2025 newsletter.
The memo outlines new standards regarding what USCIS considers “unlawfully present” and “lawful but temporary” presence. USCIS defines unlawfully present as being in a country with no lawful status. Unlawful status and unlawful presence are not the same thing. Individuals don’t have lawful status in the U.S. simply because they’re not unlawfully present.
The memo also clarifies how USCIS defines individuals as “lawful but temporary” residency. Reasons for lawful but temporary residency include:
- Individuals granted deferred removal under the Convention Against Torture.
- IMMACT 90 Family Unity beneficiaries.
- Nonimmigrants, especially T and U nonimmigrants.
- Citizens of Micronesia, Marshall Islands, and Palau.
- TPS beneficiaries
- Visa Waiver Program entrants.
- Deferred action recipients.
Children born to mothers with lawful but temporary status whose fathers aren’t U.S. citizens or green card holders don’t get U.S. citizenship at birth. Individuals affected by these changes should take the necessary steps to decrease the chances of confrontation with immigration authorities.
The change in policy is part of USCIS’ enforcement of Executive Order 14160, the goal of which is to “Protect the Meaning and Value of American Citizenship.” There are multiple outstanding nationwide injunctions issued before the Supreme Court’s ruling prohibiting them. USCIS can’t enforce the executive order at this time.
As always, ImmigrationUSA actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, we’re with you every step of the way.