Executive Order 14160

Protecting the Meaning and Value of American Citizenship

Signed January 20, 2025, printed at 90 FR 8449. 4 sections of substance, 869 words.

In plain English

This order is about who is born a citizen. It reads the Fourteenth Amendment more narrowly. Some babies born here would not be citizens.

Read it at the Federal Register →

Sec. 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.''

In plain English

This sets out the case the order makes. It quotes the Fourteenth Amendment on birth and citizenship. It says that clause undid the Dred Scott ruling. It says the clause has never covered everyone born here. The key phrase is subject to the jurisdiction. It says some births have always fallen outside it.

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

In plain English

This sets the policy. No agency may grant papers of citizenship in two cases. The first is where the mother was here without leave. The second is where her stay was lawful but brief. Both turn on the father not being a citizen or resident. It applies to births 30 days after the order.

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.

In plain English

This says who must carry it out. Four agency heads are named. Their rules and policies must match the order. No member of their staff may act against it. Every agency must publish guidance. That is due within 30 days.

Sec. 4. Definitions

As used in this order: (a) ``Mother'' means the immediate female biological progenitor. (b) ``Father'' means the immediate male biological progenitor.

In plain English

This defines two words. Mother means the birth mother. Father means the birth father.

Sec. 5. General Provisions

Every order carries this. It is not what the order does.

(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. <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> (Presidential Sig.) THE WHITE HOUSE, January 20, 2025. [FR Doc. 2025-02007 Filed 1-28-25; 11:15 am] Billing code 3395-F4-P </pre></body> </html>

In plain English

This is the closing clause that nearly every order carries. It says the order does not change what the law already allows. It also says no one can sue to enforce it.

How this order is quoted

Each section is quoted as the order prints it, under its own number and heading. Executive orders are United States government works and are not under copyright. Long sections are cut at a sentence and the whole order is a click away.