Hello. I am Matsui from IMS Legal Professional Corporation. As you all know, the U.S. presidential inauguration took place on January 20, 2025, and the second Trump administration began. It was reported that a total of 42 executive orders were signed on the first day of the inauguration, including 26 presidential orders, 12 presidential memoranda, and 4 proclamations. Today, I would like to introduce the executive orders related to visas and citizenship.
The End of American Birthright?
America is a country that practices the principle of jus soli. Jus soli is a method of determining nationality by birth, whereby a person is granted American citizenship if they are born in the country, regardless of the nationality of the parents. In other words, even if both parents are Japanese, a child born in America is automatically granted American citizenship at birth. There are many people in Japan who are dual Japanese-American citizens by birth. Besides America, there are other countries in the world that practice the principle of jus soli, such as Canada and Brazil. There are also countries that practice conditional jus soli, such as granting a child born in a country the nationality of that country if the parents have permanent residency in that country.
What is jus sanguinis?
In contrast to jus soli is the concept of jus sanguinis, of which Japan is a representative country. A child born to a country where at least one of the parents has Japanese nationality will be granted Japanese nationality no matter where the child is born. (However, if the child is born overseas, a notification must be filed within a set period, so be careful.) Japan adopts the jus sanguinis principle, but in cases where a child is born in Japan and both parents are unknown or have no nationality, the Nationality Act, Article 2, Paragraph 1, Item 3, stipulates that the child will be a Japanese citizen, and the jus soli principle is adopted as a supplement to prevent stateless children from being born.
Although each country has established its own system of birthright or jus sanguinis based on its historical background, some countries have changed their systems in response to domestic circumstances. For example, India, which once had a birthright, abolished the system in December 2004 and moved to the jus sanguinis system in response to an increase in illegal immigrants from Bangladesh.
So-called "birth tourism"
Since the United States is a country that represents the principle of birthright citizenship, it used to be the case that foreigners who wanted American citizenship would go to the United States on "birth tours" to secure American citizenship for their children, and this was something that was done openly. At least now, if you apply for a B (tourist) visa for the purpose of giving birth, you will not be granted permission. However, if a child is born in the United States while you happen to be stationed there, they will be granted American citizenship without any problems, so there are quite a lot of people in Japan who have dual Japanese-American citizenship.
This American birthright principle may come to an end under President Trump. The following was outlined in the executive order signed on the first day of his inauguration:
- If the mother is in the US illegally.
- If the mother has a temporary visa for living in the U.S., such as an ESTA, B visa, F (student) visa, or work visa.
In either case, if the father has U.S. citizenship or a permanent resident status (green card), the child will be granted U.S. citizenship. If not, the Presidential Proclamation states that U.S. citizenship will not be granted. In other words, if either parent has U.S. citizenship or a green card, there is no change from the past, but if not, there is a possibility that the child will not be able to acquire U.S. citizenship.
However, as a result of the Civil War, the American birthright was established under the 14th Amendment to the Constitution, which states that "All persons born or naturalized in the United States, and all persons subject to the jurisdiction thereof, are citizens of the United States and of the State in which they reside." Therefore, lawsuits have already been filed in various places claiming that President Trump's executive order is unconstitutional. This is a case of Constitution vs. Executive Order, and we need to keep an eye on future developments to see how it will be resolved.
Strengthening crackdown on illegal foreign residents
In addition, a presidential order has been signed to strengthen crackdowns on illegal immigrants. As has already been reported, under President Trump's belief that "all illegal immigrants are criminals," illegal immigrants and illegal immigrants are being arrested and deported by military aircraft in various locations. As the presidential order also includes an increase in the number of immigration inspectors, the following are expected to have a major impact in the future.
- Tighter immigration inspections
- Stricter visa screening for those with criminal records, overstaying their visas, or violating the Immigration and Nationality Act
They seem to be busy clearing out illegal immigrants right now, but once things have settled down, we may start to see other impacts.
As mentioned above, it seems likely that we will need to keep a close eye on President Trump's future words and actions for some time to come.
IMS is always available to answer any questions you may have about U.S. non-immigrant visas. Please feel free to contact us.
Please note that this blog contains current information and it is your responsibility to check the latest information on official government websites.
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