President Donald Trump signed two executive orders on Thursday aimed at restricting birthright citizenship and banning birth tourism, following a Supreme Court ruling that blocked a previous attempt to end automatic citizenship for children born in the U.S.
The orders target two key areas:
- Birth tourism: The administration will deny visas to individuals suspected of entering the U.S. primarily to give birth and secure citizenship for their children. Federal agencies are instructed to treat such travel as fraudulent under existing immigration laws.
- Children of foreign diplomats: The orders expand the categories of people ineligible for birthright citizenship to include children of foreign diplomats born in the U.S., citing the 14th Amendment’s exception for children of foreign sovereigns.
The White House framed the measures as necessary to address what it describes as exploitation of U.S. citizenship laws by wealthy foreigners. "They're buying their way in, and we're not going to let it happen," Trump said during an Oval Office signing ceremony. The administration has not released the full text of the orders, but officials stated they rely on existing legal authorities, including Section 215(a) of the Immigration and Nationality Act.
Legal and political context
The Supreme Court struck down Trump’s prior executive order in late June, ruling that the 14th Amendment’s guarantee of citizenship for all persons born in the U.S. cannot be restricted by executive action. The new orders attempt to circumvent this by narrowing eligibility for birthright citizenship in specific cases, such as children of foreign diplomats or individuals classified as "alien enemies."
Stephen Miller, White House deputy chief of staff, argued the orders leverage the Supreme Court’s decision to "expand the definitions of people who are ineligible for birthright citizenship." He described birth tourism as "by definition, a fraud on the American system" and noted the administration will pursue visa denials for those organizing such trips.
Policy details and enforcement
The orders apply to future births and include the following provisions:
- Ban on birth tourism: Visa applicants suspected of entering the U.S. to give birth will face denial under existing regulations prohibiting the use of tourist visas for the primary purpose of obtaining citizenship for a newborn.
- Diplomatic exception: Children of foreign diplomats born in the U.S. will no longer automatically receive citizenship, aligning with the 14th Amendment’s exception for children of foreign sovereigns.
- Expanded ineligibility categories: The orders expand the definition of "alien enemies" to include members of designated foreign terrorist organizations and individuals classified as global terrorists. Children born to such parents will not be eligible for birthright citizenship.
The administration has not provided official estimates of birth tourism, but the Center for Immigration Studies, which advocates for reduced immigration, estimated that between 20,000 and 25,000 mothers traveled to the U.S. for birth tourism annually between 2016 and 2017. There are no official figures on the number of children born in the U.S. to foreign diplomats.
Reactions and implications
The orders are expected to face legal challenges, with critics arguing they violate the 14th Amendment’s citizenship clause. Legal experts note that only Congress has the authority to alter birthright citizenship, and the Supreme Court has repeatedly upheld the amendment’s broad interpretation.
Trump has long criticized birthright citizenship, framing it as a loophole exploited by foreign nationals. During the signing ceremony, he reiterated his view that the practice was never intended to apply to non-citizens, stating, "This was done right after the Civil War. This was for the babies of slaves."
Opponents of the orders argue they are part of a broader effort to restrict immigration and undermine constitutional protections. Advocacy groups have condemned the measures as discriminatory and legally unsound, while supporters praise them as a necessary step to prevent abuse of U.S. citizenship laws.
The White House has not specified when the orders will take effect, but officials indicated enforcement will begin immediately. The administration has called on Congress to act on birthright citizenship, though legislative efforts have stalled in the past.
Background on birthright citizenship
Birthright citizenship, guaranteed by the 14th Amendment, states that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." The Supreme Court has consistently upheld this interpretation, including in the 1898 case United States v. Wong Kim Ark, which affirmed citizenship for a child born in the U.S. to non-citizen parents.
The practice of birth tourism has been a contentious issue, with critics arguing it undermines the intent of citizenship laws. Proponents of the orders contend that commercial birth tourism operations disproportionately involve wealthy foreign nationals, particularly from China, who exploit U.S. citizenship laws for their children’s future benefits, including access to education and social services.
The administration’s focus on birth tourism aligns with broader immigration enforcement priorities, including stricter visa policies and increased scrutiny of foreign travel for the purpose of securing residency or citizenship.