Trump signs orders to limit U.S. birthright citizenship

President Donald Trump signed two executive orders Thursday, aiming to further restrict birthright citizenship for children born in the U.S. to non-citizens. This move challenges a constitutional provision, even after the Supreme Court previously rejected a similar effort. Limiting birthright citizenship has been a key focus of Trump's immigration policies, particularly targeting "birth tourism," where pregnant foreigners travel to the U.S. to give birth.

Following a Supreme Court setback on June 30, Trump initially called on Congress to act. However, he has now turned to executive orders, which establish policy but lack the force of law passed by Congress. The administration argues these new directives differ from the previous order, which the Supreme Court deemed unconstitutional. The new orders seek to reinterpret historical exceptions to birthright citizenship, potentially deeming more individuals ineligible.

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

"That practice of birth tourism is, as of the signing of this order, hereby banned," White House aide Stephen Miller stated at the signing ceremony. An analysis from the Center for Immigration Studies in 2020 estimated that 20,000 to 25,000 mothers engaged in birth tourism annually between 2016 and 2017. The executive orders also aim to limit rights for children born to foreign government employees and individuals classified as alien enemies in the U.S.

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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.

Legal experts anticipate challenges to the new orders, with some questioning their effectiveness given the Supreme Court's ruling. Immigrant advocates criticized the move as an attempt to circumvent the high court's decision. "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," said Deborah Fleischaker of UnidosUS. "Today’s executive orders are nothing more than an attempt to get around that ruling."

Trump himself described the Supreme Court's June 30 ruling as a "very unfortunate decision." The executive orders could also impact individuals born in U.S. territories if Congress passes a proposed law ending automatic citizenship there. The ACLU predicted the orders are "doomed to fail in court."

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A very unfortunate decision