Trump Administration’s New Attempts to Limit Birthright Citizenship

Executive Orders on Citizenship Restrictions

The Trump administration has issued new executive orders aiming to restrict birthright citizenship and births from foreigners in the U.S. These orders reflect adjustments after a Supreme Court decision in June thwarted previous attempts at similar restrictions. While the orders are designed with this decision in mind, they are likely to face legal challenges.

Understanding Birthright Citizenship

Birthright citizenship in the U.S. is anchored in the 14th Amendment, which grants citizenship to anyone born on American soil, with specific exceptions. Two related Supreme Court decisions further interpret these guidelines. The new executive order narrows its scope compared to previous attempts, specifically targeting individuals linked to foreign embassies or deemed “alien enemies.” Under existing U.S. law, children born to “foreign diplomatic officers” accredited to the United States do not qualify for birthright citizenship.

Expansion of Citizenship Exemptions

Trump’s executive orders detail expanded exemptions. One disqualifies children born through “birth tourism.” Another excludes children of individuals working for foreign governments or international organizations like the United Nations. The restrictions also target children whose parents are affiliated with groups identified as terrorist organizations.

Implications for Surrogacy

Citizenship through surrogacy is now under scrutiny, with potential new legal questions emerging. A proposed bill suggests restricting citizenship for children of noncitizen parents born via surrogates in the U.S. Professor César Cuauhtémoc García Hernández points out that surrogacy is not referenced in the 14th Amendment or relevant Supreme Court decisions.

Controversy over Birth Tourism

The administration defines birth tourism as entering the U.S. on a nonimmigrant visa to give birth on American soil. While fraudulent in nature, defining the scope remains inconclusive. Trump claims high numbers, though experts like Colleen Putzel-Kavanaugh argue the estimate lacks credible data. Nationally, estimates show lower figures, with the CDC noting around 9,600 births to foreign mothers in 2024.

Targeting Birth Tourism Operations

The orders condemn “birth tourism operators” without evidence on their prevalence. These operators allegedly deceive travelers with false promises of citizenship and public benefits, misguiding their clients about travel purposes to obtain visas. Investigations into such practices have occurred under previous administrations.

Expected Legal Outcomes

The administration asserts its methods are legally sound despite past court rejections. Advocates argue constitutional guarantees of birthright citizenship remain intact, predicting the courts will continue to block efforts to alter these rights. Cody Wofsy from the ACLU emphasizes that constitutional and Supreme Court protections will uphold birthright citizenship.

Associated Press writer Melissa Goldin contributed to this report.