President Donald Trump signed two executive actions on Thursday aimed at curbing what his administration terms 'birth tourism' and restricting citizenship for the children of foreign diplomats.
These executive orders represent the President's second effort to modify the interpretation of the 14th Amendment, which guarantees automatic citizenship to nearly all individuals born in the United States. Trump stated in the Oval Office that the administration is implementing these changes because the practice is "very unfair" and that individuals are "buying their way in."
The Supreme Court previously struck down a similar attempt by the Trump administration in late June to deny citizenship to children born to noncitizens within the U.S. The administration believes that the court's decision leaves room for challenges, particularly concerning the children of diplomats and those who travel to the U.S. specifically to give birth.
Under the new orders, children born to foreign diplomats in the U.S. would be barred from automatic citizenship, as the 14th Amendment does not automatically grant citizenship to the children of foreign ambassadors. The policies would also extend to children born to individuals classified as enemy aliens, such as members of federally recognized terrorist groups.
For individuals traveling to the U.S. with the intent of giving birth, the executive orders would consider their entry fraudulent if they used a travel or work visa for that purpose, thus disqualifying their children from automatic citizenship. Senior Trump adviser Stephen Miller described birth tourism as fraud, stating, "Birth tourism is, as of the signing of this order, hereby banned. And what that means is that no one in the world is any more allowed to obtain a visa for this fraudulent purpose."
The executive orders also propose restricting birthright citizenship for individuals born in U.S. territories like Puerto Rico. However, implementing this aspect would require congressional approval through a bill that would need to pass both the House and the Senate.
Trump indicated that these adjustments were being made partly in response to what he called a "very unfortunate decision in the Supreme Court concerning birthright [citizenship]." The executive actions are expected to face legal challenges.