Trump signs new executive order targeting 'birth tourism' and birthright citizenship

US President Donald Trump on Thursday signed an executive order targeting what he described as "birth tourism" — a practice where foreigners enter the United States with the primary intention of giving birth. In remarks at the Oval Office, Trump argued that such visitors have "made a joke" of birthright citizenship and that the new measure was necessary to address unfairness. This is the second attempt by the administration to limit the constitutional right, following a Supreme Court ruling in late June that struck down an earlier executive order on the same issue. Trump called that decision "very unfortunate."

According to Stephen Miller, one of Trump's closest advisers, the latest order also seeks to deny automatic citizenship to children of individuals associated with foreign terrorist organizations, as well as to those acting on behalf of foreign governments. Miller said the goal is to prevent "large numbers of people" who would otherwise wrongly receive birthright citizenship from becoming eligible.

Last year, Trump signed an earlier executive order stating that children born to parents who are in the country illegally or on temporary visas would not automatically become US citizens. That order was blocked by lower courts, which cited the Citizenship Clause of the 14th Amendment. In late June, the Supreme Court upheld those rulings, with Chief Justice John Roberts writing the majority opinion, joined by two conservative and three liberal justices.

The 14th Amendment, adopted after the Civil War, declares that all persons born or naturalized in the United States and subject to its jurisdiction are citizens. The amendment does not cover those not under US jurisdiction, such as children of foreign diplomats. Existing US law already permits visa denials if a consular officer determines an applicant intends to give birth in the country.

The administration has argued that the amendment, enacted in the aftermath of the 1861–1865 Civil War, was intended to address the citizenship of former slaves, not undocumented migrants or visitors. The previous executive order was based on the argument that individuals in the country illegally or on temporary visas are not "subject to the jurisdiction" of the US.

The new action is part of a broader anti-immigration agenda that includes the expulsion of millions of undocumented migrants and the removal of deportation protections for nationals from more than a dozen countries.