In the Oval Office on Thursday, Trump signed two new executive orders on immigration—one that would exclude specific categories of U.S.-born children from getting automatic citizenship, and another that would authorize visa and entry restrictions for “birth tourism.”
“It was close, but a very, very unfortunate decision,” Trump said of the ruling Thursday. “So we’re making adjustments because it’s very unfair.”
The order also restricts birthright citizenship for anyone born to non-citizen parents in a U.S. territory or territorial waters where citizenship is not conferred by federal statute, such as American Samoa. (Major U.S. territories like Puerto Rico and Guam confer birthright citizenship by federal statute, though one House Republican has introduced a bill to end birthright citizenship for territories.)
It’s unclear how successful the President’s latest attempt may be.When asked Thursday whether he believes his new executive orders will survive constitutional scrutiny, the President said, “I think it will.”
White House deputy chief of staff Stephen Miller said “birth tourism” has been a problem for decades. “People come here pretending to be a tourist, pretending to be a visitor, saying they want to go to Disneyland, they want to go visit a monument or go to a national park, but the real reason they’re here is to have a child, to make that child an automatic citizen, leave our country, and then have a U.S. citizen child,” Miller said at the signing ceremony.
Organized “birth tourism” operations have been reported in the past. In a letter to the Secretaries of Homeland Security and the Interior earlier this year, Republican legislators raised concerns over Chinese mothers-to-be visiting the Commonwealth of the Northern Mariana Islands, the archipelagic U.S. territory in the Pacific, as a “birth tourism” destination.
Border czar Tom Homan told Fox News in April that “birth tourism” from geopolitical adversaries Russia and China specifically posed a “significant national security threat.”
Legal challenges ahead
Trump’s new orders are expected to face legal challenges, with critics and immigration rights advocates already pointing to the Supreme Court’s June ruling.
A handful of Democratic lawmakers also voiced their opposition to the order. Sen. Alex Padilla of California posted on social media that “Trump doesn’t understand the Constitution—but the 14th Amendment’s promise of birthright citizenship and equality speaks for itself.” Sen. Ruben Gallego of Arizona wrote that “even our extremist Supreme Court ruled it’s not up for debate.”
But even some immigration advocates and observers have suggested the Supreme Court’s latest ruling on birthright citizenship didn’t necessarily close the door on the issue.
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