Desk Report; Dbarta24 – In a major policy shift, the administration of US President Donald Trump has taken steps to restrict the long-standing practice of granting automatic citizenship to children born on American soil.
President Trump signed a new presidential executive order on Thursday aimed at curtailing what the administration describes as widespread abuse of the country’s birthright citizenship system.
Under the 14th Amendment of the US Constitution—ratified in 1868 following the American Civil War—any child born within the land, territorial waters, or airspace of the United States is automatically recognized as a US citizen.
Historically introduced alongside the 13th Amendment to abolish slavery and protect the rights of formerly enslaved people and their descendants, the clause has formed a foundational cornerstone of American immigration law for over a century and a half.
Curbing ‘Birth Tourism’
The Trump administration argues that foreign nationals have increasingly exploited this constitutional provision through a practice known as “birth tourism”. Under this trend, expectant couples travel to the United States primarily to ensure their children acquire American citizenship upon birth.
While foreign diplomats and citizens of hostile nations are already excluded from birthright privileges, Stephen Miller, Trump’s senior advisor on homeland security and domestic policy, stated that the executive order is specifically targeted at individuals associated with foreign terrorist organizations and foreign couples seeking to effectively “purchase” US citizenship for their offspring.
During an interaction with reporters following the signing of the order, President Trump strongly criticized the existing arrangement.
“They have made a total joke out of our birthright citizenship. This provision has been abused for decades, and it is our responsibility to put an end to it,” President Trump said.
Data from the Center for Immigration Studies, a non-profit research organization focused on immigration issues, estimates that between 2016 and 2017 alone, around 20,000 to 25,000 foreign couples visited the US specifically to give birth.
According to administration figures, that number has grown significantly in recent years.
Legal Roadblocks and Constitutional Hurdles
This latest attempt follows earlier efforts by President Trump to limit birthright citizenship shortly after assuming his second presidential term in 2025.
Previous executive actions faced immediate pushback from two federal district courts, which issued injunctions ruling that limiting birthright citizenship via executive decree directly conflicts with the US Constitution.
The administration appealed those lower court rulings to the US Supreme Court. However, on June 30, the Supreme Court dismissed the administration’s appeal in a 6–3 decision.
Despite the high court’s recent ruling, Thursday’s executive order signals the administration’s determination to press forward with the policy, setting up another potential legal showdown.
Deborah Fleischaker, a former official in the Biden administration who currently serves as an executive at the US-Spanish advocacy group UnidosUS, noted that the order is almost certain to face immediate challenges in court.
“This tradition has been in place in the United States for over 150 years, and just five weeks ago, the Supreme Court clarified the country’s constitutional stance on the matter,” Fleischaker told Reuters. “President Trump’s executive order will undoubtedly face severe legal challenges.”