The Shifting Landscape of U.S. Citizenship: What You Need to Know

In recent months, the foundational principles of U.S. citizenship have come under significant pressure. From the moment of birth to the years following a naturalization ceremony, new policies from the Second Trump Administration are attempting to redefine what it means to be an American. At Cohen, Tucker + Ades, we believe it is vital for our community to stay informed about these three primary strategies currently targeting citizenship status.

1. The Challenge to Birthright Citizenship

On January 20, 2025, an Executive Order was issued aiming to end the long-standing practice of birthright citizenship.

• The Goal: The order seeks to deny automatic citizenship to children born in the U.S. unless at least one parent is a U.S. citizen or a Lawful Permanent Resident (LPR).

• Who is Impacted: This would affect children of undocumented immigrants and those with temporary legal status—including students, temporary workers, and TPS beneficiaries.

• Current Status: While birthright citizenship is protected by the 14th Amendment and has been legal for over a century, this order is currently being challenged in court. The Supreme Court held oral arguments on April 1, 2026. A decision in the case is expected by late June or early July.

2. Barriers to Obtaining Naturalization

For those seeking to become citizens, the path has become increasingly arduous. The Administration has implemented several procedural hurdles designed to slow or stop the naturalization process:

• Processing Delays: Naturalization interviews and oath ceremonies have faced cancellations, particularly for applicants from countries deemed “high-risk.”

• Subjective Standards: Beyond the objective English and Civics tests, USCIS officers are now instructed to apply subjective assessments of “assimilation,” “allegiance,” and “character.”

• Intrusive Requirements: New eligibility checks may include resource-draining visits to an applicant’s neighborhood, adding a layer of scrutiny that goes beyond traditional requirements.

3. The Rise of Denaturalization

Perhaps the most concerning shift is the transformation of denaturalization from a rare tool into a “top enforcement priority”. Historically, stripping citizenship was reserved for extreme cases involving genocide or espionage; today, the net is being cast much wider.

• Expanded Priorities: A June 2025 Department of Justice (DOJ) memorandum prioritizes denaturalization for individuals DOJ “determines to be sufficiently important to pursue” or those deemed a “potential danger to national security”—terms that remain dangerously vague.

• Risk of Political Weaponization: There are growing concerns that these policies could be used against individuals who express views critical of the administration.

• Procedural Risks: Because these are often civil proceedings, a citizen could potentially lose their status without a constitutional right to legal counsel or even the opportunity to appear and defend themselves.

Protecting Your Status

These policies represent a significant shift in how the government views the finality of citizenship. If you or a loved one are concerned about how these changes might affect your status—whether you are an aspiring citizen or have been naturalized for years—it is essential to consult with experienced legal counsel.

At Cohen, Tucker + Ades, we remain committed to defending the rights of our clients and upholding the rule of law. Contact us today to discuss your case and ensure your future in the United States remains secure.

White House, PROTECTING THE MEANING AND VALUE OF AMERICAN CITIZENSHIP

SCOTUSBlog, Supreme Court appears likely to side against Trump on birthright citizenship