The Trump administration has implemented measures to restrict access to U.S. citizenship by signing two executive orders. These orders aim to redefine criteria for birthright citizenship and to end the practice of "birth tourism."
One of the executive orders expands the existing definitions of non-citizens whose children are ineligible for birthright citizenship. Under the new directive, children born in the U.S. to two non-citizen parents will not automatically receive citizenship if one of the parents falls into specific categories. These include being a member of a foreign terrorist group, being an employee of a foreign government, having attempted to gain citizenship through fraudulent means, or residing in U.S. territories where citizenship is not granted by federal law. Previously, some of these categories were already excluded, but the inclusion of membership in a foreign terrorist group introduces potential complexities regarding how such membership would be determined and by whom. Experts have noted that it is unclear whether the burden of proof for membership would fall on the government or the individual.
The second executive order is directed at ending birth tourism. It instructs the Departments of State and Homeland Security to strengthen regulations and increase enforcement against this practice. Traveling to the U.S. with the express purpose of giving birth is already illegal. The executive order states that operators in the birth tourism industry often use deceptive advertising to attract foreign nationals, promising citizenship and access to public benefits. However, these promises are frequently not fulfilled, and individuals may end up in specialized facilities, hotels, or rentals without receiving the advertised benefits.
President Donald Trump signed these executive orders on Thursday. The orders represent an effort by the administration to tighten criteria for citizenship and to curb practices perceived as exploiting U.S. laws.