Trump Issues New Orders Targeting Birthright Citizenship After Supreme Court Ruling

New York — President Donald Trump has issued two new orders seeking to restrict birthright citizenship in narrower circumstances after the Supreme Court struck down his earlier attempt to deny automatic citizenship to children born in the United States to undocumented immigrants and some temporary visitors.

One of the new measures targets so-called “birth tourism,” involving pregnant women who enter the United States on tourist visas with the intention of giving birth so their children receive U.S. citizenship.

A second order would seek to deny citizenship to children born to certain foreign nationals with terrorism-related ties, as well as some people associated with foreign governments or international organizations.

White House Deputy Chief of Staff Stephen Miller said the measure would also apply to children of people who “lobby and act on behalf of foreign governments.”

Trump criticized the Supreme Court’s ruling against his previous executive action, calling it “a very, very unfortunate decision.”

“Our country suffers because of it,” Trump said. “And we’re ending it in a different way.”

Trump also said his administration was preparing a “big crackdown” on birth tourism and would take more aggressive action against the practice.

In a 6-3 ruling in June, the Supreme Court rejected Trump’s previous order, finding that it conflicted with the 14th Amendment’s guarantee of citizenship to people born in the United States and subject to its jurisdiction.

Trump has argued that the citizenship provision of the 14th Amendment, adopted after the Civil War, was primarily intended to guarantee citizenship to formerly enslaved people and their descendants.

“People are building businesses around it,” Trump said of birth tourism, claiming that organized operations have emerged to help foreign women give birth in the United States.

Miller said the administration believes the new actions are legally distinct from Trump’s previous order because they rely on presidential authority under federal immigration law.

“If you’re telling a consular officer you’re here as a tourist, but your true purpose and intent is to go to a baby mill, give birth and try and mint an American citizen while you’re here, then you’re committing fraud,” Miller said.

He argued that children who obtain citizenship through such arrangements gain access to rights and government programs available to U.S. citizens.

The new orders are expected to face legal challenges over the scope of the 14th Amendment and the federal government’s authority to restrict citizenship based on the immigration status or circumstances of a child’s parents.

The provision involving children of diplomats is more limited because children born in the United States to accredited foreign diplomats generally do not receive automatic citizenship. The 14th Amendment applies to people born in the country who are “subject to the jurisdiction” of the United States, a requirement that historically excludes certain foreign diplomats and their families.

Birth tourism operations have drawn scrutiny in several parts of the country. In a 2020 case on Long Island, prosecutors said operators arranged for 119 Turkish women to give birth in the United States after charging them between $7,500 and $10,000.

Prosecutors also alleged that the operation fraudulently billed New York’s Medicaid program about $2.1 million. (Source: IANS)