US President Donald Trump, who has already introduced strict laws relating to visas and employment, is now preparing to bring in another new measure. Trump has signed an executive order aimed at restricting birthright citizenship for children born to foreign immigrants. The Trump administration had previously attempted to curtail birthright citizenship, only for the move to be struck down by the US Supreme Court. Undeterred, Trump has now issued fresh directives tightening restrictions through an alternative route.
A month ago, the US Supreme Court had ruled that children born in the United States — whether to undocumented immigrants or to those on temporary visas — must be treated as American citizens. That ruling had, at the time, effectively derailed Trump’s earlier attempt to deny citizenship to the children of foreign nationals. Trump has now moved to implement the policy through a different mechanism, issuing fresh orders in this latest push — a development that is expected to create fresh complications for Indians in particular.
Speaking on the matter, Trump remarked that the Supreme Court had ruled against the administration on the issue of birthright citizenship, calling the verdict — which he said was decided by a very narrow margin — deeply unfortunate. He added that the administration was making certain adjustments in response. Beyond this, the US government is also seeking to ban “birth tourism.” Trump strongly criticized the practice, stating that large numbers of foreign nationals were exploiting birth tourism to obtain birthright citizenship, calling it a mockery of the system and describing it as shameful, adding that it would not be allowed to continue.
Birth tourism refers to the practice in which pregnant women travel to another country close to their due date with the intention of giving birth there, so that the child automatically acquires that country’s citizenship under its laws. President Trump has long argued that this provision is being misused, particularly by nationals of China and Russia. Under the 14th Amendment to the US Constitution, ratified in 1868, anyone born in the United States is entitled to citizenship — regardless of whether their parents are in the country illegally or on a temporary basis — with the sole exception being children born to foreign diplomats or to members of an invading foreign force. Trump has long opposed this provision and has sought to impose restrictions on it. Should such restrictions come into effect, they are expected to affect nearly 2.5 lakh children born in the United States each year.
Under Trump’s latest order, children born in the US to a parent affiliated with a foreign terrorist organization will reportedly not be granted US citizenship. Trump also made clear that children of foreign government employees, as well as those born to parents who obtained citizenship through unlawful means, would not be entitled to birthright citizenship even if born on US soil. Notably, Trump has also declared that individuals who travel to the US solely to give birth for the purpose of securing citizenship for their child would be ineligible for birthright citizenship under the new rules.
Meanwhile, the new directive has drawn mixed reactions. Legal experts responding to the order have said that the US President does hold the authority to implement certain rules relating to citizenship, and that Trump does have the power to bar individuals who travel to the US with the specific intent of giving birth there to secure citizenship. However, they have also pointed out — as the Supreme Court has already made clear — that once a child is born on US soil, the President has no authority over that child’s citizenship status.