Protecting The Meaning And Value Of American Citizenship
January 20, 2025
Action Summary
- Purpose: Affirm the value of U.S. citizenship as defined by the Fourteenth Amendment and reject historical misinterpretations, while clarifying that birthright citizenship does not automatically extend to everyone born in the United States.
- Citizenship Eligibility Clarification: Specifies that U.S. citizenship by birth does not apply when:
- The person’s mother was unlawfully present and the father is not a U.S. citizen or lawful permanent resident, or
- The person’s mother was legally but temporarily in the U.S. (e.g., on a visa) and the father is not a U.S. citizen or lawful permanent resident.
- Policy Directive: U.S. departments and agencies are prohibited from issuing or accepting documents that grant U.S. citizenship to those born under the above conditions, applicable only to births occurring 30 days after the order’s issuance.
- Enforcement Measures: The Secretary of State, Attorney General, Secretary of Homeland Security, and Commissioner of Social Security are tasked with ensuring compliance, and all executive departments must release public guidance within 30 days.
- Definitions: Provides specific meanings for “Mother” (immediate female biological progenitor) and “Father” (immediate male biological progenitor) in the context of the order.
- General Provisions: Clarifies that the order does not affect the legal authority of executive agencies or budgetary processes, nor does it create enforceable rights against the U.S. government.
Risks & Considerations
- This Executive Order could lead to significant changes in the interpretation of birthright citizenship, potentially affecting the status of individuals born in the United States under certain conditions. This may result in legal challenges and increased scrutiny of citizenship documentation.
- The policy could create a complex legal environment for individuals and institutions, including universities, that rely on clear citizenship status for admissions, financial aid, and other processes.
- There is a risk of increased administrative burden on Vanderbilt University to verify the citizenship status of students, particularly those who may be affected by this order. This could require additional resources and training for staff.
- The order may impact the diversity of the student body, as it could affect the eligibility of certain individuals for enrollment and financial aid, potentially reducing the pool of applicants from diverse backgrounds.
- Vanderbilt University may need to consider the implications for international students and scholars, particularly those whose status might be affected by changes in the interpretation of citizenship laws.
Impacted Programs
- Office of Admissions may need to implement new procedures to verify the citizenship status of applicants, which could involve additional documentation and verification processes.
- Financial Aid Office might face challenges in determining eligibility for federal and state aid programs, requiring adjustments to ensure compliance with the new policy.
- The Office of International Student and Scholar Services could see an increase in inquiries and require additional resources to support affected students and scholars.
- Legal Affairs may need to provide guidance and support to ensure the university’s policies and practices align with the new federal requirements.
Financial Impact
- The potential reduction in the pool of eligible students could impact tuition revenue, particularly if the order leads to a decrease in the number of international or non-citizen students.
- Increased administrative costs may arise from the need to implement new verification processes and provide additional training for staff.
- There may be opportunities for Vanderbilt to engage in research and policy analysis related to citizenship and immigration, potentially attracting funding and collaboration with governmental and non-governmental organizations.
- Legal challenges and compliance efforts could result in additional expenses for the university, necessitating careful budget planning and resource allocation.
Relevance Score: 4 (The order presents a need for potential major changes or transformations of programs.)
Key Actions
- Vanderbilt’s Office of International Student and Scholar Services should review and update its policies and procedures to ensure compliance with the new citizenship regulations, particularly for students and scholars who may be affected by changes in birthright citizenship policies.
- The Legal Affairs Office should provide guidance and support to students and staff who may be impacted by the executive order, ensuring they understand their rights and any changes to their citizenship status.
- Vanderbilt’s Department of Political Science should consider conducting research on the implications of changes to birthright citizenship policies, contributing to the national dialogue on citizenship and immigration law.
- The Office of Federal Relations should engage with policymakers to advocate for the interests of the university community, particularly in relation to international students and scholars who may be affected by these changes.
Opportunities
- The executive order provides an opportunity for Vanderbilt Law School to host forums and discussions on the legal and social implications of changes to birthright citizenship, positioning the university as a leader in legal scholarship and public policy debate.
- Vanderbilt’s Center for Immigration Studies can expand its research and outreach efforts to address the impacts of the executive order, offering policy recommendations and support to affected communities.
Relevance Score: 3 (Some adjustments are needed to processes or procedures to address the impacts of changes in birthright citizenship policies.)
Timeline for Implementation
- Public guidance by executive departments and agencies: within 30 days of the date of the order.
- Application to new births: applies after 30 days from the order’s date.
Relevance Score: 4
Impacted Government Organizations
- Department of State: The Secretary of State is directed to ensure that citizenship documentation policies align with this order, particularly regarding the criteria for birthright citizenship.
- Department of Justice (DOJ): The Attorney General must enforce the new legal standards on citizenship documentation and ensure consistent application of the order.
- Department of Homeland Security (DHS): The Secretary of Homeland Security is required to adjust agency practices to comply with the directives on issuing citizenship documents.
- Social Security Administration (SSA): The Commissioner of Social Security is mandated to ensure that the agency’s practices regarding citizenship verification are in line with the new policy.
- Office of Management and Budget (OMB): The Director is noted for overseeing budgetary and administrative proposals, although this order does not change the OMB’s regulatory authority.
- All Executive Departments and Agencies: The heads of all executive departments and agencies must issue public guidance within 30 days to ensure that their operations incorporate the new citizenship verification practices.
Relevance Score: 5 (The directive applies widely across nearly all executive departments and agencies.)
Responsible Officials
- Secretary of State – Charged with ensuring the department’s policies align with the order.
- Attorney General – Responsible for ensuring legal and policy coherence across the department.
- Secretary of Homeland Security – Tasked with adapting departmental regulations in accordance with the order.
- Commissioner of Social Security – Required to align the department’s regulations with the directives.
- Heads of all Executive Departments and Agencies – Mandated to issue public guidance on operational and implementation matters within 30 days.
Relevance Score: 5 (Directives affect Cabinet-level officials and all executive department heads, who are key decision-makers).