Trump limits birthright citizenship again via executive orders

President Donald Trump has again moved to curtail birthright citizenship, signing two executive orders that narrow his previous attempt to challenge the constitutional provision. This action comes despite the Supreme Court having rejected his earlier effort to limit the right to citizenship for children born in the U.S. The White House frames these orders as a crackdown on immigration, specifically targeting "birth tourism," where foreign nationals travel to the U.S. to give birth.

White House aide Stephen Miller stated that the "practice of birth tourism is hereby banned." The administration argues that these new directives fall outside the scope of the Supreme Court's ruling by reinterpreting historical exceptions to birthright citizenship. The Center for Immigration Studies estimated that between 20,000 and 25,000 mothers engaged in birth tourism annually between 2016 and 2017.

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That practice of birth tourism is, as of the signing of this order, hereby banned.

These executive orders also extend to limiting the rights of children born to foreign government employees and those classified as alien enemies within the U.S. Furthermore, they could impact individuals born in U.S. territories if Congress passes a proposed law to end automatic citizenship there. The orders are expected to face significant legal challenges, with experts questioning their effect given the Supreme Court's previous decision.

Immigrant advocates and organizations like the ACLU and UnidosUS have criticized the move. Deborah Fleischaker of UnidosUS called the orders an attempt to evade the Supreme Court's ruling, emphasizing that birthright citizenship is a constitutional guarantee. The Women's Refugee Commission expressed concern that the orders could infringe upon the rights of pregnant women seeking lawful entry.

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Just five weeks ago, the Supreme Court made clear that birthright citizenship is not subject to a president's whims, it is a constitutional guarantee that has stood for more than 150 years. Today's executive orders are nothing more than an attempt to get around that ruling.