Trump Tries Two New Birthright Citizenship Orders After Supreme Court Loss
Newsweek · C · trust 37/100
0 Share Newsweek is a Trust Project member See more of our trusted coverage when you search. Prefer Newsweek on Google to see more of our trusted coverage when you search. President Donald Trump on Thursday signed executive orders aimed at narrowing access to birthright citizenship, marking a renewed effort after the Supreme Court struck down a broader administration policy earlier this year.
According to Axios, the new orders target what the administration describes as "birth tourism" and seek to deny automatic citizenship in a limited number of circumstances that officials argue fall within longstanding exceptions to the 14th Amendment.
The move comes after the Supreme Court on June 30 rejected Trump's earlier executive order seeking to deny automatic citizenship to some children born in the United States to noncitizen parents. The administration has since looked for narrower avenues to pursue restrictions that it argues are consistent with existing law.
Under the new orders, the administration plans to challenge automatic citizenship for future births tied to several categories, including some children of foreign government personnel working in the United States, individuals designated as "alien enemies," and cases involving so-called birth tourism, according to Axios.
The administration argues that the Supreme Court's ruling left room for exceptions to automatic citizenship that have historically been recognized by courts. Officials contend that some cases involving birth tourism involve fraudulent entry or misrepresentation by parents seeking U.S. citizenship for a child.
A separate executive order directs the State Department and Department of Homeland Security to take additional steps aimed at curbing birth tourism and targeting related businesses operating in the United States and abroad. U.S. law already bars obtaining a tourist visa primarily for the purpose of giving birth in the United States to secure citizenship for a child.
The measures are expected to face immediate legal challenges. Critics have argued that the 14th Amendment broadly guarantees citizenship to nearly everyone born on U.S. soil and that attempts to narrow that protection through executive action are unconstitutional.
Trump has repeatedly made ending or limiting birthright citizenship a priority of his immigration agenda, arguing that the Constitution was never intended to cover individuals entering the country solely to secure citizenship for their children.
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