Addressing birthright citizenship and birth tourism remains a priority for the Trump Administration. On June 30th, the U.S. Supreme Court issued its decision in Trump v. Barbara reaffirming long-standing legal interpretations of the 14th Amendment’s Citizenship Clause. The Court confirmed that children born in the U.S. to parents who are unlawfully or temporarily present in the country are citizens at birth. On August 6th, President Trump signed two executive orders responding to the decision.
Executive Order: Continuing to Protect the Meaning and Value of American Citizenship
The first Executive Order identifies specific, narrow categories of children who will not be considered U.S. citizens at birth when neither parent is a U.S. citizen. These categories include:
- Alien enemy parents: When either parent is classified as an alien enemy, including members of designated foreign terrorist organizations.
- Foreign government employees: When either parent is employed by a foreign government, including:
- Ambassadors
- Individuals employed by a foreign embassy/consulate who are nationals of that country
- Individuals employed by a foreign government in an official capacity
- Individuals employed by an organization with international-organization immunity
- Births in non-statutory territories: When the child is born in a U.S. territory or territorial waters where citizenship is not granted by federal statute.
- Commercial or fraudulent birthright transactions: When either parent engages in a commercial transaction or fraudulent activity to obtain citizenship for the child, including:
- Arranging for the mother to be present in the U.S. or a U.S. territory for the purpose of giving birth.
- Arranging for a surrogate to give birth in the U.S. or a U.S. territory.
Executive Order: Ending Birth Tourism
The second Executive Order delegates authority to the Secretary of State and the Secretary of Homeland Security to halt what the administration defines as birth tourism. This includes both foreign nationals who enter the U.S. for the purpose of giving birth and individuals or organizations that facilitate such travel.
The order authorizes the agencies to take actions such as:
- Preventing entry to the U.S., potentially on a permanent basis
- Denying or revoking visas or travel authorizations
- Initiating removal from the U.S.
- Taking action against facilitators inside or outside the U.S.
The order also provides for exemptions when a foreign national’s entry is justified on humanitarian grounds or when admission is determined to be in the national interest by the Secretary of State or the Secretary of Homeland Security. While the Court’s ruling remains intact, federal guidance and enforcement practices may shift as the Departments of State and Homeland Security implement these directives.
State Department Response
In response to the executive order, the Department of State is establishing a Birth Tourism Prevention Task Force. In connection with the Department of Homeland Security, the task force will review the activities of visa holders to identify instances of birth tourism and take action to revoke visas of those who engage in or facilitate it.
