Trump Signs Executive Orders Banning "Birth Tourism"... Expands Scope of Birthright Citizenship Restrictions

Children of Terrorist Affiliates and Diplomats Excluded from Citizenship
Categories Further Specified after Supreme Court's Block

On August 6 (local time), U.S. President Donald Trump signed two executive orders aimed at blocking so-called "birth tourism" and denying citizenship to children born in the U.S. whose parents are affiliated with terrorist organizations. This move comes after a previous attempt to broadly limit birthright citizenship was halted by the Supreme Court; now, the new orders further segment and restrict the scope of the policy.

U.S. President Donald Trump. Photo by Reuters Yonhap News

According to the New York Times (NYT) and Axios on August 6, President Trump signed two executive orders at the White House restricting birthright citizenship.

The first executive order restricts the entry and visa issuance for foreign nationals who seek to enter the U.S. with non-immigrant visas for the purpose of giving birth. The U.S. Department of State and Department of Homeland Security may revoke visas and travel authorizations for foreigners attempting to enter the country for birth tourism, as well as permanently ban their future entry into the U.S.

Individuals and businesses facilitating birth tourism are also subject to sanctions. However, exceptions may be granted by the Secretary of State or the Secretary of Homeland Security if there are humanitarian reasons or if it is deemed to be in the national interest of the United States.

The White House has defined birth tourism as entering the U.S. on a non-immigrant visa for the purpose of giving birth, or facilitating such acts. The Trump administration claims that birth tourism businesses have recruited foreigners by highlighting U.S. citizenship and public benefits, and have instructed clients to provide false statements about their travel purposes to consular and border officials.

The second executive order expands the categories of children born in the U.S. who are not eligible for citizenship if neither parent is a U.S. citizen. This includes cases where at least one parent is a member of a foreign terrorist organization designated by the U.S. government, or a "specially designated global terrorist," categorizing them as individuals from hostile foreign countries.

Children of ambassadors, diplomatic mission employees, consular staff, foreign government officials performing official duties, and employees of international organizations with diplomatic immunity, who are working in the U.S. on behalf of a foreign government, are also excluded from eligibility for U.S. citizenship.

If parents have paid for birth tourism arrangements or attempted to obtain birthright citizenship for their child through a surrogate mother, the child will not be granted citizenship. This also applies to children born in U.S. territories or U.S. territorial waters where citizenship is not granted under federal law.

President Trump stated, "The Supreme Court's decision regarding birthright citizenship was very disappointing," adding, "Because it is so unfair, we are taking action to adjust it."

In January of last year, on his first day back in office, President Trump signed an executive order to recognize U.S. citizenship for children born in the U.S. only if at least one parent is a U.S. citizen or permanent resident.

However, on June 30, the Supreme Court halted the previous policy by ruling that the birthright citizenship clause of the 14th Amendment applies to a significant number of children born in the United States. The White House stated that the new executive orders clarify the specific situations in which the Supreme Court determined that birthright citizenship does not apply.

This content was produced with the assistance of AI translation services.