US President Donald Trump has signed two executive orders seeking to further restrict birthright citizenship, reviving a policy push that had previously been rejected by the Supreme Court.
The move comes weeks after the Supreme Court struck down Trump’s earlier attempt to limit automatic citizenship for children born in the United States, ruling that the policy was unconstitutional.
The new directives are aimed at narrowing the interpretation of birthright citizenship, with the administration focusing particularly on what it describes as “birth tourism” — a practice where pregnant foreign nationals travel to the US to give birth so their children can obtain American citizenship.
Speaking during the signing ceremony at the White House, senior presidential adviser Stephen Miller said the practice was being targeted.
“That practice of birth tourism is, as of the signing of this order, hereby banned,” he said.
Trump had previously called on Congress to address the issue after the Supreme Court ruling but instead opted to issue executive orders, which guide government policy but do not carry the same legal authority as legislation passed by lawmakers.
The administration argues that the latest orders address areas not covered by the Supreme Court’s decision by seeking to redefine historical exceptions to citizenship granted at birth.
The directives also seek to limit citizenship rights for children born to foreign government employees in the US and children of individuals classified as alien enemies. The orders could also affect people born in US territories if Congress approves proposed changes to citizenship rules.
Legal challenges are expected, with immigration advocates arguing that the orders are an attempt to bypass the Supreme Court’s ruling. The American Civil Liberties Union (ACLU) has predicted that the policy is unlikely to survive court scrutiny.
Deborah Fleischaker, a former Biden administration official now with Hispanic civil rights group UnidosUS, described the move as an attempt to undermine constitutional protections.
“Just five weeks ago, the Supreme Court made clear that birthright citizenship is not subject to a president’s whims, it is a constitutional guarantee that has stood for more than 150 years,” she said.
Trump defended the decision, describing the Supreme Court’s earlier ruling as “very unfortunate” and arguing that birth tourism had become a problem.
“People are building businesses around birth tourism. That’s not the way it’s supposed to work,” he said.
The 14th Amendment to the US Constitution has historically been interpreted as guaranteeing citizenship to people born on American soil, with limited exceptions including children of foreign diplomats and enemy forces occupying US territory.
The amendment’s Citizenship Clause states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.”
