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IMMIGRATION AUGUST 08, 2025 | The Indian Eye 34
USCIS’s Dystopian Implementation
Plan to Allow Inheritance of
Temporary Statuses from the Parents
for the US Born Child Instead of
Automatic Citizenship
BY CYRUS MEHTA dent at the time of said person’s birth”; and da who entered the U.S. under INA 289;
2. Children whose “mother’s presence in the Unit- • Asylees;
he USCIS has issued an Implementation ed States at the time of said person’s birth was • Conditional permanent residents;
Plan to end birthright citizenship under Ex- lawful but temporary (such as, but not limited • Lawful permanent residents;
Tecutive Order 14160, Protecting the Mean- to, visiting the United States under the auspices • Refugees; and
ing and Value of American Citizenship. See 90 of the Visa Waiver Program or visiting on a stu- • Individuals who are nationals but not also citi-
Fed. Reg. 8449 (2025) (E.O.). dent, work, or tourist visa) and the father was zens of the United States.
The E.O. provides that the following catego- not a United States citizen or lawful permanent The USCIS has hatched a sinister plan to im-
ries of individuals will no longer be considered to resident at the time of said person’s birth.” plement Trump’s currently unconstitutional birth-
be born “subject to the jurisdiction” of the United The Implementation Plan considers the fol- right citizenship executive order where the new-
States and therefore will no longer be U.S. citizens lowing categories as “lawful but temporary”, born child will not automatically be a US citizen
at birth: which the newborn child will inherit from one of but would inherit the lawful but temporary status
1. Children whose “mother was unlawfully present the parents if they falls under one of these cate- of the mother in case the EO, which is currently
in the United States and the father was not a gories: blocked under Barbara v. Trump, is permitted to
United States citizen or lawful permanent resi- • Aliens granted withholding of removal under go into effect.
INA 241(b)(3) or withholding of de-
portation under former INA 243; If the mother is unlawfully present, and
• Aliens granted withholding of re-
moval or deferral of removal under does not fall under any of the lawful but
the Convention Against Torture; temporary categories, the child will also be
• Aliens granted voluntary depar-
ture, satisfactory departure, or a considered unlawfully present as soon as
stay of removal; it is born. The immigration authorities can
• IMMACT 90 Family Unity ben-
eficiaries; technically remove the child who is unlaw-
• LIFE Act Family Unity benefi- fully present.
ciaries;
• Nonimmigrants (unless listed
separately below), including dual And what if a child is born to a mother whose
intent categories and T and U non- nonimmigrant visa status such as H-4 is pending,
immigrants; it would ridiculously result in the child being born
• Citizens of the Federated States into the world with a similarly pending status?
of Micronesia, the Republic of the And more ridiculous is if a child is born to a parent
Marshall Islands, and the Repub- in F-1 status, which is considered lawfully present
lic of Palau residing in the United because of “Duration of Status” even if the par-
States pursuant to Compacts of ent has violated that status through unauthorized
Free Association; employment. The newborn child will be consid-
m of • Parolees; ered lawfully present but in violation of F-1 status
CYRUS D. MEHTA & PARTNERS PLLC • TPS beneficiaries to include ap- and be technically subject to removal. Similarly a
plicants establishing prima facie
child born to a parent who has a pending asylum
eligibility; application will be considered unlawfully present,
• Visa Waiver Program entrants; according to the Implementation Memo, and will
• Deferred action recipients; and also be subject to removal unless the parent is
• Deferred Enforcement Depar- granted asylum.
ture recipients. According to a Times of India article on the
By contrast, aliens whose pres- Implementation Plan, where Cyrus Mehta is ex-
ence is lawful and not temporary tensively quoted, if the child does not automat-
include, and such a child will auto- ically become a citizen they will not be able to
2 6th Floor matically be a citizen at birth: sponsor the parents when they turn 21 given the
• American Indians born in Cana- decades long backlogs in the employment based
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