As of today, everyone born in America is eligible to become a US citizen. If the courts approve President Trump’s executive order curtailing automatic birthright citizenship, all newborns born in the United States may not be eligible for US citizenship.
President Trump’s executive order (EO) restricts automatic birthright citizenship to children with at least one parent who is a US citizen or lawful permanent resident holding green cards, but excludes those with unlawfully present or temporary US parents, including H-1B foreign workers and F-1 study visa holders.
The Courts have not decided on the order but US authorities have started preparing the implementation plan.
After the implementation plans by USCIS and the Department of State, the Social Security Administration (SSA) has also revealed its plan for how it will implement the President’s order when it takes effect.
Proving Citizenship
Social Security Numbers (SSNs) are issued under the Social Security Act, permitting the SSA to maintain accurate wage and earnings information in order to administer Social Security programs.
SSNs are also issued to noncitizens who are eligible to work even though they do not hold US citizenship.
According to the Social Security Act, SSN applicants must submit adequate proof of citizenship or foreign status to be issued one. Currently, an SSN applicant can prove US citizenship by producing a birth certificate indicating a birthplace in the United States. However, once the EO goes into effect, proving US citizenship by showing the birth certificate may not be enough.
Implications
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. 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.
Essentially, the SSA will require proof of a person’s birth, indicating that their parents were U.S. citizens or in eligible immigration status at the time of birth.
What Will Change
Once the EO takes effect, SSA will revise its internal manuals to provide that SSA will continue to abide by existing regulatory evidence requirements for the applicant while also requiring acceptable evidence to demonstrate that at least one parent is a U.S. citizen or in an eligible immigration status.
These instructions would set out steps to be taken where (1) the applicants’ parent do not apply for their child’s SSN through the Enumeration at Birth program and (2) parents or applicants seek certain replacement cards.
Additional evidentiary requirements that a parent must provide
For a Mother or Father born before the EO takes effect, acceptable evidence of U.S. citizenship includes an SSN record of either parent that indicates citizenship or a U.S. place of birth.
For a Mother or Father born after the EO takes effect, acceptable evidence of U.S. citizenship includes:
a. Certificate of naturalization;
b. Certificate of citizenship;
c. U.S. passport issued per the EO;
d. U.S. citizen identification card issued by the Department of Homeland Security;
e. Consular report of birth; or
f. Other verification from the Department of Homeland Security, U.S. Department of State,
or Federal or State court records confirming citizenship.
g. Documents establishing a U.S. place of birth plus evidence of parents’ U.S. citizenship or eligible immigration status
If the applicant’s mother or father alleges Lawful Permanent Residency, then the acceptable evidence of Lawful Permanent Residency will be an SSN record of either parent that indicates they are a lawful permanent resident.
The other way for the US green card holders will be to show the Permanent Resident Card (Form I-551), Machine Readable Immigrant Visa (MRIV) with Temporary I-551 notation or other verification from the Department of Homeland Security, or other Federal records confirming lawful and permanent residence.
If the applicant’s mother alleges Lawful Permanent Presence, she has to provide evidence of lawful permanent presence, such as a Form I-94 with a stamp confirming asylum or refugee status.
