Trump signs executive orders targeting birthright citizenship and birth tourism
President Donald Trump has signed two executive orders aimed at tightening immigration rules related to citizenship. The first order expands the categories of non-citizen parents whose children born in the United States will not automatically receive citizenship. The second seeks to crack down on birth tourism, a practice that is already illegal.
Executive orders are written directives issued by the president to the federal government and do not require congressional approval. However, they are subject to judicial review and can be overturned if they conflict with existing law or the Constitution.
Under the first order, babies born to two non-citizen parents will not be eligible for automatic citizenship if one parent is a member of a foreign terrorist group, is a foreign government employee, has attempted to gain citizenship through fraudulent means, or is living in US territories where citizenship is not granted under federal law.
Some of these categories were already excluded under existing birthright citizenship rules. However, the provision related to membership in a foreign terrorist group has raised concerns, according to Colleen Putzel-Kavanaugh, an associate policy analyst at the Migration Policy Institute, a nonpartisan research group. She said it is unclear how membership would be determined and whether the burden of proof would fall on the government or the individual.
The second executive order directs the departments of state and homeland security to strengthen regulations and expand enforcement against birth tourism. The order states that operators in the birth tourism industry use deceptive advertising to attract foreign nationals, promising citizenship and access to public benefits but often failing to deliver on those promises.
Birthright citizenship is a principle rooted in the 14th Amendment to the US Constitution, which grants citizenship to all persons born or naturalized in the United States and subject to its jurisdiction. The amendment, adopted in 1868, has been a cornerstone of US citizenship law, but its interpretation remains a subject of legal and political debate.
Birth tourism, the practice of traveling to the US specifically to give birth, is already prohibited by law. The new order aims to intensify scrutiny of businesses and individuals involved in the practice. Estimates of the scale of birth tourism vary widely, with some studies suggesting tens of thousands of births annually, though reliable figures are difficult to confirm.
Legal experts expect these executive orders to face court challenges. Many scholars argue that the 14th Amendment guarantees birthright citizenship irrespective of the parents' immigration status. The White House has defended the orders as necessary to protect the integrity of the immigration system and ensure that citizenship is not obtained through fraud or abuse.
