[Daniel Torok / The White House]
The United States

Trump's Attack On Birth Tourism Faces Uphill Legal Fight After Court Ruling

New executive orders test the limits of a Supreme Court ruling protecting birthright citizenship

Naffah

President Donald Trump has renewed his effort to restrict birthright citizenship with two executive orders targeting birth tourism and expanding categories of U.S.-born children who could be denied automatic citizenship.

The measures come weeks after the Supreme Court, in a 6-3 ruling on June 30, struck down Trump's earlier attempt to limit citizenship guaranteed under the 14th Amendment.

Legal experts expect the new provisions to face further court challenges, particularly because the Supreme Court's decision addressed citizenship for children born on U.S. soil to parents temporarily in the country.

Birth Tourism Targeted

One executive order directs federal agencies not to recognize a child's citizenship when either parent engaged in fraudulent activity to obtain citizenship, while another seeks to bar visas for foreigners suspected of traveling to the United States to give birth.

Federal regulations already restrict temporary visas sought specifically to obtain U.S. citizenship for a newborn.

Trump said birth tourism benefits hundreds of thousands of people, although estimates cited by researchers and other analysts are considerably lower.

The orders also target people accused of facilitating birth tourism schemes and would give immigration officials greater discretion when assessing travelers suspected of entering the country to give birth.

Critics questioned how authorities would determine intent and apply the restrictions consistently.

Expanded Exceptions Challenged

Trump's directive also seeks to broaden existing exceptions to birthright citizenship beyond children of accredited foreign diplomats and hostile troops occupying U.S. territory.

The expanded categories would include children of some foreign government employees, workers connected to international organizations and parents deemed foreign terrorists or alien enemies.

Legal scholars are divided over whether some of those provisions could survive constitutional scrutiny, with particular uncertainty surrounding expanded diplomatic exemptions and classifications involving enemy forces.

Other experts argue the birth-tourism provision directly conflicts with the Supreme Court's interpretation of the 14th Amendment.

The administration maintains that the revised orders were crafted with the June ruling in mind and do not violate the court's decision.

The dispute is expected to return to the courts as agencies determine how broadly to implement the new directives.

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