The Trump administration has issued new executive orders aimed at limiting birthright citizenship and restricting the rights of foreign nationals giving birth in the U.S. This follows a Supreme Court decision in June that struck down a previous attempt to restrict birthright citizenship. President Donald Trump noted that the new orders were crafted with adjustments in light of the court’s ruling. Some legal experts expect these restrictions to face further legal challenges.
Executive Orders Targeting Birthright Citizenship
The 14th Amendment grants citizenship to all individuals born in the U.S., save for certain exemptions. The executive orders issued on Thursday aim to further limit this right. They specifically focus on certain categories, such as children born to foreign diplomats or those deemed ‘alien enemies’ of the U.S. Under current laws, children born to accredited foreign diplomatic officers are already excluded from receiving birthright citizenship.
One order seeks to disqualify births resulting from ‘birth tourism.’ Another targets children of individuals connected to foreign governments or international organizations. It also excludes children of parents associated with terrorist organizations like Antifa or Tren de Aragua. Ohio State University law professor César Cuauhtémoc García Hernández expressed concerns about how the government would determine membership in such organizations.
Concerns Over Citizenship Through Surrogacy
The new orders raise questions about citizenship rights for children born to surrogates. Republican lawmakers have proposed legislation to restrict these rights. García Hernández points out that there has been no mention of surrogacy in the 14th Amendment or relevant Supreme Court decisions, indicating potential legal challenges.
Debating Birth Tourism
Trump’s executive order defines birth tourism as entering the U.S. on a nonimmigrant visa with the intention of childbirth. Although it is already considered visa fraud, the order seeks to empower immigration officers to deny entry to pregnant women suspected of birth tourism. Trump claimed that ‘hundreds of thousands’ participate in birth tourism, a figure challenged by experts like Colleen Putzel-Kavanaugh from the Migration Policy Institute.
Putzel-Kavanaugh and other experts suggest that given existing data, Trump’s figures are exaggerated. The CDC reported that nearly 9,600 children were born to foreign mothers without U.S. addresses in 2024. Meanwhile, a think tank estimated 20,000 to 26,000 such births annually.
Legal and Political Implications
The order criticizes ‘birth tourism operators’ but lacks evidence indicating their prevalence. Various administrations have attempted to tackle these operators, citing deceptive practices aimed at foreign nationals.
Legal challenges are expected to ensue. White House staff emphasized the legality of the new measures, yet advocates like the ACLU contend that the 14th Amendment firmly guarantees birthright citizenship. Cody Wofsy of the ACLU’s Immigrants’ Rights Project remains confident that the Constitution and Supreme Court rulings will prevail against these orders.