President Donald Trump signed two executive orders on Thursday, initiating a significant move to challenge long-standing interpretations of birthright citizenship in the United States. The directives primarily target what the administration terms "birth tourism" and seek to expand the categories of children not automatically entitled to U.S. citizenship, despite being born on American soil. This action comes on the heels of a Supreme Court ruling that, while not addressing the core constitutional debate, limited the administration’s ability to enforce broader injunctions related to an earlier attempt to alter citizenship rules.
"People are building businesses around it. That’s not the way it was supposed to work. It’s a disgrace. They’re buying their way in, and we’re not going to let it happen." — President Donald Trump
The first executive order mandates federal agencies to develop and implement policies designed to prevent children born as a result of birth tourism arrangements from automatically acquiring U.S. citizenship. According to the White House, this order also aims to broaden the scope of children the administration argues are not covered by birthright citizenship protections, specifically mentioning children of certain foreign government personnel and individuals designated as "alien enemies." The administration defines birth tourism as the practice of individuals entering the United States under the guise of being visitors, but with the primary intention of giving birth to ensure their child obtains U.S. citizenship. Officials contend that this practice has fostered an industry that exploits existing immigration laws. The order further seeks to address commercial birth tourism operations, including those involving paid arrangements and surrogate mothers.
White House Deputy Chief of Staff Stephen Miller highlighted the long-standing nature of the issue. "This has been something that people have talked about not only for years, but for decades," Miller stated. He elaborated on the perceived deception, saying, "The idea that people come here, pretend to be a tourist, pretend to be a visitor … but the real reason they’re here is to have a child, to make that child an automatic citizen."
A second executive order directs the Department of State and the Department of Homeland Security (DHS) to formulate additional policies aimed at dismantling birth tourism operations, both within the United States and abroad. President Trump framed these executive actions as a direct response to what he described as a "very unfortunate decision" from the Supreme Court concerning his administration's previous efforts on birthright citizenship. "People are building businesses around it," President Trump remarked, adding, "That’s not the way it was supposed to work. It’s a disgrace. They’re buying their way in, and we’re not going to let it happen."
The administration asserts that these new restrictions could also apply to children whose parents engage in fraudulent activities or commercial transactions specifically intended to secure citizenship. They maintain that the orders adopt a narrower, more targeted approach by focusing on categories that, in their view, have historically been excluded from birthright citizenship protections.
However, the executive orders are widely anticipated to encounter significant legal challenges from immigration advocates and civil rights organizations. These groups generally argue that the 14th Amendment of the U.S. Constitution unequivocally guarantees citizenship to nearly everyone born on American soil. Legal experts have also raised questions regarding the practical enforceability of the administration’s birth tourism order, particularly concerning the difficulty of definitively determining a parent’s intent prior to their entry into the United States.
Kevin R. Johnson, a law professor specializing in immigration at the University of California, Davis, commented on the expected legal hurdles. Johnson predicted that the orders are "likely to face court challenges" and expressed concerns about the methods officials would employ to ascertain whether an individual entered the country with the specific purpose of giving birth. "Discerning intent of a parent is challenging and open to abuse," Johnson told The National News Desk. The legal battle over the interpretation and application of the 14th Amendment's Citizenship Clause is thus expected to intensify as these executive orders move toward implementation.
