Trump Again Restricts Birthright Citizenship in the US and Targets 'Birth Tourism'
US President Donald Trump signed two executive orders on August 6 aimed at restricting automatic US citizenship by birth and combating so-called birth tourism.
The first document identifies several categories of children to whom federal agencies must not issue citizenship documents if neither parent is a US citizen.
The Trump administration included children who have a parent who:
- is an employee of a foreign government, embassy, consulate, or international organization with corresponding immunity;
- is designated an "alien enemy," including belonging to a US-designated terrorist organization;
- participated in a commercial scheme to obtain citizenship for the child through birth in the US;
- used a surrogate mother who is in the United States or on US territory for this purpose.
The order also mentions children born in US territories where citizenship is not guaranteed by a separate federal law. For Puerto Rico and other territories whose residents are granted citizenship by current legislation, no immediate changes are expected. To extend the restrictions to them, Congress would first need to change the law.
The second order directs the State Department and the Department of Homeland Security to intensify the fight against birth tourism. This refers to cases where foreigners enter the US on a non-immigrant visa primarily to give birth.
Agencies will be able to deny or revoke visas, bar foreigners from entering the country, deport violators, and impose a ban on future entry. Restrictions may also apply to companies and intermediaries that organize such trips. Exceptions are provided for humanitarian cases and situations that serve US national interests.
US rules previously allowed denying a tourist visa if the primary purpose of the trip was to give birth to obtain citizenship for the child. The new order mandates broader measures against the organizers of such schemes and individuals who conceal the true purpose of their visit.
This is Trump's second attempt to narrow birthright citizenship. On June 30, the US Supreme Court struck down his previous executive order, which aimed to deny automatic citizenship to children of illegal immigrants and temporary visa holders.
The court affirmed that the 14th Amendment to the Constitution guarantees citizenship to nearly everyone born on US soil. The historically recognized exception primarily involves children of foreign diplomats with corresponding immunity.
The new orders significantly expand this list beyond established practice, so immigration lawyers expect new legal challenges. Federal agencies must issue detailed rules within 30 days for implementing one of the documents.
From: Axios, White House, Fragomen
