doesnt come in to play if the other parent is legally residing in the US
Yes, I think you are right. I had got a bit confused! Although, it still might depend on whether the father has permanent legal status. This is the relevant bit of Trump's executive order, I think:
Sec. 2. Policy. (a) It is the policy of the United States that no department or agency of the United States government shall issue documents recognizing United States citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship, to persons: (1) when that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth,
EDIT: But it looks like it can't apply in this case because it is only for babies born more than 30 days after the executive order was signed.
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