New Executive Orders Target Birthright Citizenship

The Trump administration has initiated actions to limit eligibility for American citizenship. Recently, two executive orders were introduced targeting birthright citizenship and foreign nationals giving birth in the U.S. These attempts follow a previous Supreme Court ruling that struck down similar efforts. President Donald Trump conveyed that the latest orders incorporate considerations from the court’s decision. However, the newly proposed restrictions might also face legal opposition.

Understanding Birthright Citizenship

The 14th Amendment guarantees citizenship to anyone born in the U.S., with specific exceptions. Earlier Supreme Court decisions have clarified these exceptions. Despite the court ruling, the administration’s persistence indicates a strong push to redefine the eligibility for becoming an American citizen.

Narrower Scope of New Orders

Thursday’s executive orders focus on limiting automatic citizenship for certain groups. New exceptions include children born to individuals affiliated with foreign embassies, international organizations, or those deemed “alien enemies.” U.S. immigration laws already exclude children of “foreign diplomatic officers” from citizenship. The new orders expand these exemptions significantly, covering children of individuals from terrorist-associated groups, including Antifa.

How is the federal government going to decide that a child is born to a member of a designated terrorist organization? – César Cuauhtémoc García Hernández, law professor

Concerns About Surrogacy

The executive orders also address citizenship through surrogacy. Some Republican lawmakers proposed new legislation to restrict such grants. García Hernández notes that neither the 14th Amendment nor related court decisions have addressed surrogates, suggesting potential legal challenges ahead.

Birth Tourism Under Scrutiny

The orders define birth tourism as entering the U.S. with a nonimmigrant visa to give birth. This is already considered fraudulent and can lead to visa denial. The orders would grant immigration officers the authority to refuse entry to pregnant women suspected of such intentions, but guidelines remain vague.

Trump claimed “hundreds of thousands” of cases, though experts argue this number is inflated. Data from the CDC reported nearly 9,600 births to foreign mothers with addresses abroad in 2024. Other estimates suggest up to 26,000 birth tourists annually.

Legal Challenges Loom

The orders include allegations against “birth tourism operators,” but lack evidence of their prevalence. Past administrations have prosecuted these schemes, as operators often use deceptive tactics to lure foreign nationals under false promises.

Despite the administration’s vigor, legal experts and advocates anticipate further judicial roadblocks. Cody Wofsy from the ACLU emphasized that the 14th Amendment ensures birthright citizenship and executive orders cannot alter this constitutional guarantee.