Trump Administration Issues Executive Orders on Extreme Vetting (Including Possible Travel Bans) and Birthright Citizenship

Category: Client Alerts
Date: Jan. 23, 2025
Title: Trump Administration Issues Executive Orders on Extreme Vetting (Including Possible Travel Bans) and Birthright Citizenship

On Jan. 20, 2025, the Trump Administration issued scores of Executive Orders (EOs). Among them was one that requires U.S. agencies to ensure immigrants “are vetted and screened to the maximum degree possible.” The EO instructs U.S. Consulates to conduct more in-depth background checks on visa applicants and the U.S. Department of State to reevaluate and adjust the Foreign Affairs Manual (which provides guidance to the U.S. Consulates issuing visas). We expect this EO to lead to additional security checks and delays in visa issuance (i.e., administrative processing) at U.S. Consulates, even for employees applying for visa renewals. As a result, individuals must be prepared to remain abroad for an undetermined period of time until they receive their visa or should reconsider international travel.

The EO also instructs U.S. agencies to identify countries with deficient vetting procedures. We anticipate that citizens of those countries will likely be subject to a forthcoming U.S. travel ban. If a ban is established, it will be reminiscent of the ones the first Trump administration implemented in 2017, which prevented nationals of certain countries from entering the United States. The latest ban in place at that time was upheld by the U.S. Supreme Court. We recommend foreign nationals remain in the United States until further guidance is issued. Those who are abroad should consider returning to the United States in the near future.

The Trump Administration also issued an EO limiting the scope of birthright citizenship provided under the 14th Amendment of the U.S. Constitution, which has historically ensured that all individuals born in the United States automatically become citizens of the United States. The EO states that individuals born in the United States on or after Feb. 19, 2025, will not automatically receive U.S. citizenship (and would be ineligible for U.S. passports) unless their biological mother or father is a U.S. citizen or lawful permanent resident (i.e., green card holder). The EO prevents both the children of undocumented parents and the children of parents who are in lawful nonimmigrant status (such as E-1/2/3, F-1, H-1B, L-1 and O-1) from automatically receiving U.S. citizenship. Today, a federal judge blocked the implementation of the EO. We suspect that the issue will ultimately be decided by the Supreme Court.

Please contact our office with any questions about the Trump Administration’s immigration Executive Orders.

The Executive Orders referenced above can be found via Protecting The United States From Foreign Terrorists And Other National Security And Public Safety Threats – The White House and Protecting The Meaning And Value Of American Citizenship – The White House.