President Donald Trump is renewing his effort to limit birthright citizenship, signing two executive orders Thursday aimed at restricting what his administration describes as abuses of the current system and setting the stage for another legal battle over the 14th Amendment.
The new actions target so-called “birth tourism” and seek to deny automatic U.S. citizenship to children born to certain foreign diplomatic personnel while they are in the United States.
The move follows a June ruling by the U.S. Supreme Court that nullified a previous Trump executive order seeking to deny citizenship to children born in the United States to noncitizen parents. The Court cited the 14th Amendment’s guarantee of citizenship for those born on U.S. soil.
Despite that setback, Trump argues the Court’s decision still leaves room for certain exceptions to birthright citizenship under the Constitution.
According to Axios, the administration believes several categories fall outside the scope of the 14th Amendment’s automatic citizenship protections.
One category involves children born to foreign diplomatic staff serving another government while stationed in the United States. While automatic citizenship has long not applied to the families of ambassadors, the new executive order seeks to broaden that exception to include additional noncitizen diplomatic employees.
Another category involves children born to individuals classified as alien enemies, including members of federally designated terrorist groups. The administration argues that because the 14th Amendment does not apply to invading armies, the existing exception can be expanded to cover those designated under that classification.
The administration is also looking toward U.S. territories, although that proposal would require congressional action before taking effect.
Under the plan, individuals born in U.S. territories would no longer automatically receive citizenship if Congress changes the law. According to the report, legislation seeking to end automatic citizenship in the territories was introduced last month but is not expected to become law. The proposal would apply most notably to Puerto Rico.
The executive orders also focus on the practice commonly referred to as birth tourism.
Under the new policy, the administration seeks to deny citizenship to children born to mothers who intentionally and deceptively enter the United States for the sole purpose of giving birth. The order also targets the use of surrogate mothers for that purpose.
According to the report, the administration contends that this proposed exception is justified because the parents allegedly obtained entry into the country through fraudulent misrepresentation, often while applying for tourist or work visas.
The White House argues that such conduct falls outside the constitutional protections typically associated with birthright citizenship.
In addition to proposing new limitations on citizenship eligibility, one of the executive orders directs federal agencies to take action against the birth tourism industry.
According to the report, the order instructs the secretary of state and the secretary of Homeland Security to develop rules and guidance designed to curb birth tourism and target businesses involved in the practice both within the United States and abroad.
The new directives signal that the Trump administration intends to continue pursuing legal avenues to narrow the application of birthright citizenship despite the Supreme Court’s earlier decision.
By focusing on what it views as existing constitutional exceptions, the administration is preparing for another potential court fight over the scope of the 14th Amendment and the limits of automatic citizenship under federal law.
