Trump Signs Executive Orders on Birthright Citizenship and Birth Tourism

-Editorial 

President Donald Trump signed two executive orders aimed at restricting eligibility for birthright citizenship in certain cases and directing federal agencies to expand efforts to prevent so-called birth tourism.

According to the White House, one order identifies several categories of children born in the United States whom the administration says are not entitled to citizenship under the Supreme Court’s June 30 decision in Trump v. Barbara. The administration said the categories reflect historical exceptions recognized by the court, although the order states the list is not exhaustive.

The order directs federal agencies to withhold recognition of U.S. citizenship for children born in the United States when neither parent is a U.S. citizen and specific circumstances apply. Those circumstances include cases involving parents identified as members of designated foreign terrorist organizations or specially designated global terrorists, certain foreign government employees and diplomats, individuals who allegedly obtained birthright citizenship through commercial birth tourism arrangements or fraud, and births occurring in U.S. territories where citizenship is not granted by federal law.

The order instructs the secretaries of State and Homeland Security, the attorney general, and the commissioner of Social Security to update agency regulations and policies to implement the directive. Federal agencies are also required to issue public implementation guidance within 30 days.

A second executive order targets birth tourism, which the administration defines as traveling to the United States on a temporary visa for the primary purpose of giving birth to obtain immigration-related benefits for a child.

The order delegates authority to the secretaries of State and Homeland Security to implement measures intended to prevent birth tourism. Those measures may include denying or revoking visas or other travel authorizations, refusing entry, removing individuals found to have participated in birth tourism, and taking action against organizations or individuals accused of facilitating such travel.

The order also allows exemptions on humanitarian grounds or when federal officials determine admission is in the national interest.

In announcing the actions, the White House said the administration is seeking to protect the value of American citizenship and maintain the integrity of the nation’s immigration system. The administration cited the Supreme Court’s decision in Trump v. Barbara as the basis for the new directives.

The White House also highlighted broader immigration enforcement efforts undertaken during Trump’s second term, including expanded deportations, denaturalization cases, enhanced visa screening procedures, changes to the naturalization test and efforts to remove noncitizens from voter rolls. Those figures and characterizations were provided by the administration and have not been independently verified.

The executive orders direct federal agencies to implement the new policies consistent with existing law and provide that any provisions found invalid by a court would not affect the remainder of the orders. Legal challenges to the directives are expected.