President Donald Trump has signed two new executive orders aimed at limiting the circumstances under which certain children born in the United States may acquire U.S. citizenship, marking the administration’s latest effort to narrow the scope of birthright citizenship following recent legal setbacks.
The new orders, titled “Continuing to Protect the Meaning and Value of American Citizenship” and “Ending Birth Tourism,” focus on birth tourism and other categories of foreign nationals that the administration argues should not confer citizenship benefits on children born in the United States.
Focus on Birth Tourism
One of the executive orders directs federal agencies to address so-called birth tourism, a practice in which foreign nationals travel to the United States primarily to give birth so their child acquires U.S. citizenship.
According to statements from the White House, the administration contends that individuals who enter the United States solely for this purpose should not be able to obtain citizenship benefits for their children through that process.
The administration has also indicated that visa-related screening and enforcement measures may be used to identify individuals suspected of traveling to the United States primarily for childbirth-related immigration benefits.
Additional Categories Targeted
The executive actions also address children born in the United States to individuals the administration characterizes as:
- Foreign terrorists;
- Foreign agents;
- Alien enemies; or
- Individuals whose presence is otherwise viewed as inconsistent with national security interests.
Administration officials argue that these categories fall outside the historical scope and intent of the Fourteenth Amendment’s Citizenship Clause.
Second Attempt Following Supreme Court Setback
The new directives follow the administration’s unsuccessful attempt earlier in President Trump’s second term to broadly restrict birthright citizenship through executive action.
That earlier initiative sought to limit automatic citizenship to children born in the United States with at least one U.S. citizen or lawful permanent resident parent. The effort became the subject of extensive litigation and ultimately faced significant legal obstacles, including a Supreme Court ruling that prevented implementation of the broader policy.
Following that decision, President Trump publicly stated that the administration would pursue alternative legal avenues to address birthright citizenship and birth tourism.
Expected Legal Challenges
The newly signed executive orders are widely expected to face immediate court challenges.
Critics argue that the measures conflict with the Fourteenth Amendment of the U.S. Constitution, which provides that virtually all persons born in the United States and subject to its jurisdiction are U.S. citizens at birth.
Supporters of the administration’s approach maintain that the Constitution was never intended to grant automatic citizenship in situations involving birth tourism or individuals lacking a sufficient connection to the United States.
Immigration attorneys and constitutional scholars expect courts to closely examine whether the executive branch has authority to alter the practical application of birthright citizenship without congressional action or constitutional amendment.