Trump Administration’s New Executive Orders Target Birthright Citizenship
The Trump administration is focusing on limiting who can become an American citizen with new executive orders. These orders aim to restrict birthright citizenship and target foreigners giving birth in the U.S. Previously, a Supreme Court ruling blocked attempts to limit birthright citizenship. Yet, President Donald Trump announced the recent orders with adjustments reflecting the Court’s decision. Legal challenges to these new restrictions are anticipated.
Background on Birthright Citizenship
The 14th Amendment grants citizenship to anyone born in the U.S. Historically, Supreme Court rulings have defined exclusions. Despite a prior Supreme Court setback, Trump’s administration remains committed to limiting who gains American citizenship.
Details of the Executive Orders
Current law guarantees birthright citizenship with exceptions. The new order, narrower than the one struck down, limits automatic citizenship to certain groups. This includes children of diplomats and those deemed “alien enemies.”
Under U.S. immigration law, children born to specific foreign diplomatic officers do not receive birthright citizenship. These roles include ambassadors, ministers, and more. The latest orders significantly expand these exceptions.
Restrictions Pertaining to Birth Tourism and Surrogacy
One order disallows citizenship for children born from “birth tourism.” Another targets children of those tied to foreign governments or organizations, including the United Nations. Groups labeled as terrorist organizations are also affected.
Citizenship through surrogacy concerns Republicans, leading to proposals limiting such citizenship when parents are noncitizens. Legal questions may arise, as the 14th Amendment and its interpretations do not address surrogacy.
“Neither the 14th Amendment nor any of the Supreme Court’s decisions about how to interpret the 14th Amendment mentions or hints at surrogates,” noted César Cuauhtémoc García Hernández, a law professor.
Challenges Over ‘Birth Tourism’
The order presents birth tourism as entering the U.S. to give birth on a nonimmigrant visa. Birth tourism is seen as fraudulent under current visa rules. The President has cited vague numbers to underscore the issue, suggesting hundreds of thousands of cases, yet experts believe this is an exaggeration.
Data indicates about 9,600 births linked to foreign addresses in 2024, according to the CDC. The Center for Immigration Studies estimates 20,000 to 26,000 birth tourists annually.
The order also targets ‘birth tourism operators’ yet lacks evidence of prevalence or constitutional exemption criteria. Previous administrations similarly targeted these facilitators, seeking to prosecute deceptive practices.
Legal and Constitutional Considerations
Legal experts express skepticism over the orders surviving Supreme Court scrutiny. Trump highlighted consular discretion in visa issuance. However, opponents believe constitutional protections will hinder these efforts.
“The bottom line is that the Supreme Court already considered the Trump administration’s plea to rewrite the Constitution and rejected it,” stated Cody Wofsy from the ACLU Immigrants’ Rights Project.
Associated Press writer Melissa Goldin contributed to this report.