President Donald Trump has signed two executive orders aimed at restricting birthright citizenship and curbing 'birth tourism'. These orders seek to limit automatic citizenship for children born on U.S. soil to certain non-citizens, particularly those with connections to foreign embassies, international organizations, or those considered 'alien enemies'.
The administration's previous effort to restrict birthright citizenship was blocked by the Supreme Court. The new orders are reportedly narrower in scope, focusing on specific categories of individuals and attempting to comply with the Supreme Court's interpretation of the 14th Amendment. However, legal challenges are still anticipated.
One executive order specifically targets 'birth tourism,' defining it as entering the U.S. on a nonimmigrant visa with the intent to give birth on American soil. The White House estimates this practice affects hundreds of thousands of individuals annually, a figure that experts suggest is an overestimation. Data indicates a significantly lower number of births to foreign mothers residing abroad.
Law professors and policy analysts have raised questions about the practical implementation and legal basis of these restrictions, particularly concerning how 'alien enemies' or members of terrorist organizations would be identified and how the definition of 'birth tourism' might be applied by immigration officers.