This move will alter decades of established practice that grants citizenship to nearly all individuals born in the U.S. and will affect a wide range of foreign nationals, including African migrants, students, and professionals residing legally or temporarily in the United States.
According to Reuters, the SSA’s plans signal the administration’s readiness to proceed with enforcement as soon as legal challenges are cleared.
Under the current constitutional framework, children born in the U.S. are automatically granted citizenship regardless of their parents’ immigration status. However, the new policy would limit that right to children born to U.S. citizens or lawful permanent residents.
“With respect to citizenship, an SSN applicant may currently demonstrate U.S. citizenship by providing a birth certificate showing a U.S. place of birth,” the SSA stated.
CNN reports that, “Several rulings issued by federal courts this month have ensured that that policy will not take effect for now, and the guidance documents acknowledge that reality.”
However, preparations for implementation are underway. “The government is preparing to implement the EO in the event that it is permitted to go into effect,” a USCIS memo read.
Key Changes to Citizenship Verification
Previously, Social Security Numbers (SSNs) were issued to U.S.-born applicants based solely on a birth certificate indicating a place of birth within the country. Under the new order, that will no longer be sufficient.
Applicants born after the EO’s implementation date will be required to provide proof that at least one parent was a U.S. citizen or a lawful permanent resident at the time of their birth.
“To comply with the EO, SSA will require evidence that such a person’s mother and/or father is a U.S. citizen or in an eligible immigration status at the time of the person’s birth,” the SSA stated.
Updated procedures will require applicants to submit one or more of the following:
1. Certificate of Naturalization
2. Certificate of Citizenship
3. U.S. Passport issued under the EO
4. U.S. Citizen Identification Card issued by the Department of Homeland Security
5. Consular Report of Birth Abroad
6. Other verification from the Department of Homeland Security, U.S. Department of State, or federal/state court records
7. A U.S. birth certificate plus evidence of a parent’s U.S. citizenship or eligible immigration status
The Security administration added that children of green card holders may also qualify, but only with verified documentation such as a Permanent Resident Card (Form I-551), a Machine Readable Immigrant Visa (MRIV) with a Temporary I-551 stamp, or relevant DHS records.
“Once the EO takes effect, a birth certificate showing a U.S. place of birth will not be sufficient documentary evidence of U.S. citizenship for persons born after the EO takes effect,” the SSA said.
Implications for African Families
The policy shift is expected to impact thousands of African nationals living in the U.S. on temporary work or student visas, including those under H-1B and F-1 classifications.
It may also affect African families who travel to the U.S. for childbirth or educational purposes, expecting their children to gain automatic citizenship.
For African countries with large diaspora populations in the U.S. including Nigeria, Ghana, Kenya, and South Africa; the loss of automatic citizenship rights could have long-term impacts, including reduced access to public benefits, limited legal protections for children, and potential disruptions to remittance flows and transnational family stability.
On the brighter side, CNN reports that immigration rights advocates have filed legal challenges against the policy and have emphasized that the newly released SSA and USCIS guidance is “meaningless” so long as the courts continue to block enforcement.
Although the executive order has not yet been upheld by U.S. courts, federal agencies have begun preparing for its possible enforcement.
