BAHAMAS FOREIGN MINISTRY ON TRUMP CITIZENSHIP ORDER
BIRTHRIGHT CITIZENSHIP AND ITS IMPACT ON BAHAMIANS WHO GIVE BIRTH IN THE UNITED STATES UNDER THE NEW EXECUTIVE ORDER
On January 20th 2025, United States President Donald J. Trump signed an Executive Order titled “Protecting the Meaning and Value of American Citizenship”1, initiating the process to end birthright citizenship which prevents automatic citizenship to children born in the United States to undocumented immigrants and those in the country on a temporary status (tourist, work, or student visa, etc.). The Executive Order will come into force 30 days from the date the Order was signed (after February 19th, 2025).
What is Birthright Citizenship?
According to the 14th Amendment Section 1 of the Constitution of the United States, passed by the US Congress on June 13th 1866 and ratified on July 9th 1868, it 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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”2
Therefore, this suggests that anyone at birth is classified as a United States citizen. However, the new Executive Order will mandate at least one parent to be a United States citizen or Green Card holder for a child to qualify for United States citizenship at birth.
Impact on Bahamians Carrying a Non-Immigrant Visa
All Bahamians carrying a non-immigrant visa, including participants in the Visa Waiver Program, as well as F-1 students, and B-1, B-2, H-1B, H-4, L-1, L-2, E-1, E-2, E-3, TN, and O-1 visa holders, etc., will be affected by this Executive Order. President Trump ordered agencies not to recognise citizenship for children born after February 19th, 20253.
In accordance with Section 2(a) of the Executive Order, “It is the policy of the United States that no department or agency of the United States government shall issue documents recognising United States citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognise United States citizenship, to persons” of unlawfully present or temporarily present mother and a non-citizen father.
1 Executive Order: Protecting the Meaning and Value of American Citizenship: https://www.whitehouse.gov/presidential actions/2025/01/protecting-the-meaning-and-value-of-american-citizenship/
2Fourteenth Amendment: https://constitution.congress.gov/constitution/amendment-14/ 3FAQs About Trump Birthright Citizenship Order for H-1B, F-1, and L-1 Families:
Tourist Visa
Children born to Bahamian mothers carrying a tourist visa will no longer qualify for United States citizenship unless the father is a United States citizen or permanent resident.
Employment Visa
Children born to Bahamian parents who are on a temporary work visa, like the H-1B visa, would no longer qualify for United States citizenship, and the parent(s) will likely have to apply for a dependent visa for their children.
Student Visa
Children born to Bahamian students will likely face challenges obtaining United States citizenship if they are no longer entitled to citizenship at birth.
Petitioning
US-born children will lose the ability to petition on behalf of their parents once they turn 21 years old, as they too will no longer qualify for United States citizenship under the new policy. It should also be noted that Bahamian immigrants who have applied for a green card and are experiencing delays are likely to experience further delays. Additionally, active immigration cases may leave Bahamians vulnerable, as courts could become overwhelmed.
Legal Challenges
Immigration advocates have filed several lawsuits challenging the Executive Order, with some arguing that it violates the 14th Amendment.
Additionally, eighteen United States Attorneys General have filed a law suit against the Trump Administration, which claims that “The President has no authority to rewrite or nullify a constitutional amendment or duly enacted statute. Nor is he empowered by any other source of law to limit who receives United States citizenship at birth4.”
As of Thursday, January 23rd, 2025, a Seattle United States district judge, John Coughenour, blocked Trump’s Executive Order, citing that it is “blatantly unconstitutional”. Judge Coughenour temporarily prohibits Trump and any federal employees from enforcing the Executive Order for 14 days until a hearing on February 6th to consider a preliminary injunction. The judge expressed intent to review a long-term injunction in the coming weeks5.
4 United States District Court for The District of Massachusetts: Case No. 1:25-cv-10139: https://www.nj.gov/oag/newsreleases25/2025-0121_Birthright-Citizenship-Complaint.pdf 5Judge temporarily blocks Trump’s executive order on birthright citizenship, calling it ‘blatantly unconstitutional: https://abcnews.go.com/US/judge-challenge-trumps-executive-order-ending-birthright citizenship/story?id=118005855
Embassy of The Bahamas Washington, D.C.
24th January 2025