Trump signs two executive orders to narrow birthright citizenship after Supreme Court defeat
Washington, Aug 7
US President Donald Trump signed two executive orders to narrow birthright citizenship -- a new effort by the administration following the Supreme Court's ruling against its previous order.
"We had a very unfortunate decision in the Supreme Court concerning birthright, it was close," Trump said in the White House Oval Office as he signed the new orders. "So we're making adjustments."
One of the orders targets "birth tourism," which is defined as the entry of any foreigners into the United States via a nonimmigrant visa for the purpose of giving birth on US soil, or any effort by any foreigners to facilitate such entry, according to the White House.
The other order expands the definitions of people ineligible for birthright citizenship, including children of foreign government employees, children of members of a designated Foreign Terrorist Organization, as well as children of people who engaged in fraudulent activity to obtain citizenship, Xinhua news agency reported.
The 14th Amendment of the US Constitution, ratified in 1868, states that "all persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside."
On January 20, 2025 -- the inauguration day of his second term -- Trump signed an executive order regarding birthright citizenship. The order declares that children born of persons unlawfully or temporarily present in the United States are not "subject to the jurisdiction" of the United States, and thus do not qualify for citizenship under the 14th Amendment or the Immigration and Nationality Act.
Several parents filed suit, some on their own behalf, and others on behalf of their children. Multiple lower courts had ruled in favor of the plaintiffs, and the executive order never took effect.
On June 30, the Supreme Court -- by a 6-3 vote -- rejected Trump's executive order denying birthright citizenship to children of undocumented immigrants or temporary residents, upholding birthright citizenship.
— IANS
Reader Comments
Interesting - this feels like a never-ending cycle. Trump keeps pushing, but the courts keep pushing back. For us Indians, this matters because many Indian families go to the US for delivery of their children. But honestly, if people are coming legally on visas and following the rules, this shouldn't be an issue. The "birth tourism" angle seems overblown.
The US legal system is fascinating despite its complexity. The Supreme Court said no, but the administration keeps trying. It's like a chess match. The "birth tourism" order might actually have some merit though - people should come to the US for legitimate purposes, not just to have anchor babies. But the whole thing feels very politicized on both sides.
As someone who lived in the US for 5 years, I can say this: The real issue is that the system is being misused, but these executive orders won't fix it. You need comprehensive immigration reform through Congress, not just presidential orders. The Supreme Court already made its stance clear - trying to bypass it through executive action seems undemocratic. India should take note: our own laws need to be adaptive but not reactionary.
This feels like a distraction from bigger issues. The Supreme Court ruled AGAINST this, and now the president is trying an end-around. It's part of a larger pattern of ignoring judicial checks on executive power. From my perspective in Australia, this weakens democratic institutions. The 14th Amendment isn't ambiguous - this is just pandering to a political base.
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