- President Trump signed two new executive orders targeting birthright citizenship: one denies entry to those engaged in commercial "birth tourism," and the other expands definitions of people ineligible for citizenship, such as children of foreign lobbyists.
- Trump justified the new orders by referencing the post-Civil War origin of birthright citizenship, stating it was intended for the babies of slaves, but now people are "building businesses around it."
- Stephen Miller, architect of Trump's anti-immigration agenda, said people come to the US pretending to be tourists but actually to have a child to make that child an automatic citizen, granting access to welfare, voting, and other rights.
- The new orders list categories of people who should not be granted citizenship documents, including children of parents who engaged in commercial transactions to give birth in the US, children of terrorist group members, foreign government employees, and children born in US territories where citizenship is not conferred by federal statute.
- Immigration attorney Cyrus Mehta called the new executive order "blatantly unconstitutional" because it precludes citizenship based on vague commercial transactions, violating the 14th Amendment, and predicted it should be struck down.
- The American Civil Liberties Union stated that birthright citizenship is guaranteed by the Constitution and that any executive order attacking it will meet the same fate as Trump's last one.
President Trump has signed new executive orders to limit birthright citizenship, specifically targeting birth tourism and expanding the categories of ineligibility. One order aims to deny access to individuals engaging in commercial birth tourism, while the other broadens the definition of ineligibility to include children of foreign lobbyists and those born to parents involved in commercial transactions for childbirth in the U.S.12
Trump expressed his dissatisfaction with a recent Supreme Court ruling that reaffirmed birthright citizenship, stating, “We had a very unfortunate decision in the Supreme Court concerning birthright, it was close, but a very, very unfortunate decision. So we’re making adjustments.” He emphasized that the original intent of birthright citizenship was to protect the children of slaves, but now, he claims, “people are building businesses around it.”
Stephen Miller, a key architect of Trump’s immigration policies, noted that individuals often come to the U.S. under the guise of tourism to give birth, thus granting their children automatic citizenship. He stated, “It gives them access, under this broken system, to welfare benefits, ultimately to the voting booth, and all the other rights and privileges that belong solely to Americans.”45
The ACLU has vowed to challenge these orders, asserting that they are unconstitutional. Immigration attorney Cyrus Mehta criticized the vagueness of the term “commercial transaction,” arguing it violates the 14th Amendment and should be struck down. According to the Migration Policy Institute, estimates suggest that 22,000 to 26,000 babies are born annually in the U.S. due to birth tourism, although government data indicates only 9,600 births to mothers with foreign addresses in 2024.89
“The orders list children of commercial birth tourists, terrorist group members, and foreign government employees as ineligible. Immigration attorney Cyrus Mehta called the move 'blatantly unconstitutional,' while the ACLU said any attack will meet the same fate as Trump's last one.”
Deccan Herald
