Lawsuit Claims Trump's Birthright Citizenship Order Could Make U.S.-Born Babies of Asylum Seekers "Stateless"
The executive order’s implications could be especially troubling for asylum seekers from nations like Venezuela, which lacks diplomatic relations with the U.S.
A lawsuit filed against President Donald Trump’s executive order on birthright citizenship argues that the policy could leave U.S.-born children of certain asylum-seekers “stateless.” The legal challenge, brought by five pregnant women and immigrant rights groups, contends that the executive order could prevent some children from acquiring citizenship in the U.S. or their parents’ home country.
The order, signed by Trump on Monday under the title Protecting the Meaning and Value of American Citizenship, seeks to limit birthright citizenship to children born to at least one U.S. citizen or permanent resident parent. It also stipulates that children born to parents in the U.S. legally on a temporary basis will no longer automatically receive citizenship.
A federal district court in Seattle temporarily blocked the order on Thursday, halting its implementation for at least 14 days. The case remains ongoing.
The situation could be particularly dire for asylum-seekers from countries like Venezuela, which no longer maintains an embassy or consulates in the U.S. Without diplomatic ties, Venezuelan asylum-seekers would have no avenue to register their children as citizens of their home country, leaving these children “stateless” or without nationality, at least temporarily.
Venezuela severed diplomatic relations with the U.S. in 2019, a year after Trump recognized opposition leader Juan Guaidó as the country’s interim president.
For children born to Venezuelan parents, the absence of a passport or travel document would make it impossible for them to return to Venezuela and claim citizenship, legal experts warn.
Monica, one of the plaintiffs in the case, fled Venezuela in 2019 and has been awaiting her asylum hearing. She is now 12 weeks pregnant and fears returning to Venezuela, where she could face persecution under the regime of President Nicolás Maduro.
“I’m 12 weeks pregnant. It’s hard,” Monica said. “We will most likely face a crisis of stateless children born in the U.S. not just from Venezuela, but also from any immigrant whose country has no embassy here.”
Juan De la Vega, an immigration attorney in Miami, added, “We could see thousands of stateless children born in the U.S., especially among asylum-seekers from countries like Venezuela.”
In addition to Venezuelan plaintiffs, the lawsuit includes pregnant women from Honduras and Russia, both of which still maintain diplomatic relations with the U.S. However, even for these plaintiffs, the situation remains complicated. Requesting a passport for a U.S.-born child could jeopardize the asylum claims of the parents, according to Leidy Pérez, the policy and communications director at the Asylum Seeker Advocacy Project.
“Seeking a passport could be seen as engaging with the very country you are trying to flee,” Pérez said.
Some legal experts remain uncertain about the order’s full implications. Helena Tetzeli, an attorney with the American Immigration Lawyers Association, suggested that a loophole might exist for those applying for asylum, as the order specifies that a parent’s legal status must not be “unlawful or temporary.” Tetzeli argued that asylum-seekers, who are here lawfully and intend to stay permanently, may still be able to claim birthright citizenship for their children.
In response to the order, 23 Democratic attorneys general have filed a lawsuit to block its enforcement. While many legal experts believe the order may ultimately be struck down by the Supreme Court, which currently has a conservative 6-3 majority, the legal battle is expected to continue for some time.