Politics
Trump signs two executive orders to tighten birthright citizenship,
UNITED States President Donald Trump has again signed an executive order directing federal agencies to deny recognition of U.S. citizenship to certain categories of children born in the country to non-citizen parents.
The developments revived one of the most controversial elements of his immigration agenda weeks after the U.S. Supreme Court rejected his broader attempt to limit automatic citizenship.
The executive orders, titled “Continuing to Protect the Meaning and Value of American Citizenship” and “Ending Birth Tourism,” were signed on Thursday, August 6.
The first order directs federal agencies not to recognise U.S. citizenship for certain children born in the United States when neither parent is an American citizen and specific conditions apply.
Under the directive, citizenship recognition would be denied where either parent is classified as an “alien enemy,” including members of organisations designated as Foreign Terrorist Organisations or Specially Designated Global Terrorists under U.S. law.
The restriction also applies to children of foreign government employees, including ambassadors, embassy and consular staff who are nationals of their home countries, as well as foreign government officials and employees of international organisations who enjoy diplomatic immunity.
The order further targets people the administration says obtained citizenship through “birth tourism” or fraudulent schemes. It applies where parents allegedly entered into commercial arrangements to ensure a child’s birth in the United States or its territories for the purpose of securing U.S. citizenship, including through surrogacy arrangements.
It also extends to children born in U.S. territories or territorial waters where citizenship is not automatically conferred by federal statute.
Trump directed the Secretary of State, Attorney General, Secretary of Homeland Security and the Commissioner of Social Security to ensure that their agencies’ policies comply with the order and instructed all executive departments and agencies to publish implementation guidance within 30 days.
In the second executive order, Trump instructed the Secretaries of State and Homeland Security to take steps to end “birth tourism,” which the administration defined as the entry of a foreign national into the United States on a non-immigrant visa for the purpose of giving birth on American soil or facilitating such travel.
The order authorises the departments to strengthen visa screening and immigration enforcement, including denying visas or other travel authorisations to people suspected of travelling to the United States for birth tourism, revoking existing visas, permanently barring offenders from re-entering the country and removing individuals found to have engaged in the practice.
It also authorises action against organisations and individuals, both within and outside the United States, accused of facilitating birth tourism schemes.
The order, however, allows exemptions on humanitarian grounds or where entry is deemed to be in the U.S. national interest.
Explaining the policy, the White House argued that birth tourism operators deceive foreign nationals by promising citizenship, public benefits and temporary accommodation while coaching clients to misrepresent the purpose of their travel to U.S. consular and border officials.
According to the administration, the practice exploits temporary visa categories, undermines the integrity of the U.S. immigration system, diverts immigration enforcement resources, and poses national security concerns.
Trump said U.S. citizenship remained “a priceless and profound gift” and argued that his administration was protecting Americans from foreign actors seeking to exploit the country’s immigration laws.
The orders come weeks after the U.S. Supreme Court rejected Trump’s broader attempt to restrict birthright citizenship.
Shortly after beginning his second term, Trump signed an executive order directing federal agencies not to recognise the citizenship of children born in the United States unless at least one parent was a U.S. citizen or lawful permanent resident.
The policy would have affected children born to undocumented immigrants and many temporary visa holders.
However, on June 30, the Supreme Court ruled that the order conflicted with the Citizenship Clause of the 14th Amendment to the U.S. Constitution, which has, since its ratification in 1868, been interpreted to guarantee citizenship to nearly everyone born on U.S. soil, except for limited categories such as children of foreign diplomats and members of an occupying enemy force.
Although Trump reportedly called the Supreme Court’s 6-3 ruling on June 30 a “very unfortunate decision,” White House argued that the latest executive order adopts a narrower approach by expanding historical exceptions to birthright citizenship rather than overturning the constitutional guarantee.
“That’s not the way it’s supposed to work. It’s a disgrace. They’re buying their way in, and we’re not going to let it happen,” he was quoted to have said.
Mustapha Usman is an investigative journalist with the International Centre for Investigative Reporting. You can easily reach him via: musman@icirnigeria.com. He tweets @UsmanMustapha_M
