The Trump administration has introduced new executive orders aimed at shaping the future of who can attain American citizenship. The orders, announced this week, seek to impose limits on birthright citizenship and target foreigners giving birth on U.S. soil.
Following a Supreme Court ruling in June that rejected previous efforts to curtail birthright citizenship, President Donald Trump indicated that the latest orders incorporate “adjustments” in response to the court’s decision. Despite these changes, legal challenges are anticipated against the newly announced restrictions by the administration.
The 14th Amendment of the U.S. Constitution ensures citizenship for anyone born within the country, with certain exceptions already defined by law. Trump’s renewed push to limit birthright citizenship underscores the administration’s ongoing focus on immigration policy.
New Restrictions on Birthright Citizenship
Under current U.S. law, birthright citizenship is available to those born on American soil, albeit with exceptions. The executive order issued on Thursday narrows the scope from the previous order, which the Supreme Court struck down, and aims to restrict citizenship to specific groups, including children born to individuals affiliated with foreign embassies or organizations, and those considered “alien enemies” of the U.S.
According to U.S. immigration law, children born to a “foreign diplomatic officer accredited to the United States,” such as ambassadors or other diplomatic staff, do not qualify for birthright citizenship. The new orders by Trump aim to expand these exclusions significantly.
One of the orders targets children born through “birth tourism,” while another concerns offspring of individuals working at foreign embassies, international organizations like the United Nations, or those linked to designated terrorist groups. César Cuauhtémoc García Hernández, a law professor at Ohio State University, questioned the federal government’s ability to determine if a child belongs to a member of a terrorist group.
Concerns about surrogacy have also arisen, with some Republican lawmakers proposing legislation to limit citizenship for children born to noncitizen parents via surrogates in the U.S. García Hernández noted potential legal issues, citing the absence of any mention of surrogacy in the 14th Amendment or related Supreme Court rulings.
Concerns Over Birth Tourism
The executive order describes birth tourism as entering the U.S. on a “nonimmigrant visa for the purpose of giving birth on American soil.” While already considered fraudulent to seek a visa for this purpose, the order would allow immigration officers to refuse entry to pregnant women suspected of such intentions, though it lacks clear guidelines.
President Trump claimed that “hundreds of thousands” of births result from birth tourism, though experts, like Colleen Putzel-Kavanaugh from the Migration Policy Institute, argue this figure is inflated. Data from the Centers for Disease Control and Prevention show about 9,600 children were born to mothers with foreign addresses in 2024. The Center for Immigration Studies estimates 20,000 to 26,000 birth tourists annually.
Focus on Birth Tourism Operators
The order targets “birth tourism operators,” accusing them of using misleading advertisements to attract foreign nationals to the U.S. to give birth. The operators promise citizenship and other benefits but often fail to deliver. Previous administrations have also sought to prosecute such schemes, which involve misrepresenting travel intentions to obtain visas.
The Republican Party has supported efforts to investigate unlawful birth tourism practices. In July, the Texas attorney general’s office announced an investigation into potential schemes, following advertisements for birthing services in Mexican hospitals.
Anticipated Legal Challenges
When questioned about the viability of the orders in light of the previous Supreme Court ruling, Trump deferred to White House staff secretary Will Scharf, who emphasized the orders’ legal validity and focus on the birth tourism industry.
Opponents of the orders believe the constitutional amendment and Supreme Court decisions will prevent the administration from restricting birthright citizenship. Cody Wofsy from the American Civil Liberties Union stated, “The bottom line is that the Supreme Court already considered the Trump administration’s plea to rewrite the Constitution and rejected it,” reaffirming the 14th Amendment’s guarantee of birthright citizenship.
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Associated Press writer Melissa Goldin contributed.
