A New Birthright Citizenship Order Was Written to Pass the Supreme Court

President Trump signed a birthright citizenship order that follows the rules outlined by the Supreme Court in their ruling at the end of June.

Axios reports that President Trump signed two executive orders Thursday seeking to narrow birthright citizenship in several circumstances and intensify the federal crackdown on commercial “birth tourism.”

Trump also is seeking to deny birthright citizenship for children born to some foreign diplomatic staff in the U.S. and, potentially, U.S. territories in the future.

The U.S. Supreme Court on June 30 shot down a broader executive order Trump signed on Inauguration Day to deny automatic citizenship to those born of noncitizens in the U.S.

Trump’s administration argues that the ruling still grants him the authority to limit birthright citizenship under long-standing exceptions recognized by the court.

The executive orders apply only to future births tied to four categories, Axios reports:

1. 1. 1. Children born of foreign diplomatic staff working on behalf of another government while in the U.S. The 14th Amendment doesn’t confer automatic citizenship to ambassadors’ families, and this order would expand that category to other noncitizen employees.
      2. Children of people who are classified as alien enemies, including those who belong to federally declared terrorist groups. The 14th Amendment doesn’t apply to invading armies, and this designation would expand that category.
      3. Those born in U.S. territories — but only if Congress changes the law to end automatic citizenship there. A bill seeking to do that was introduced last month but isn’t expected to pass. This would apply most notably to those in Puerto Rico.
      4. Children born of mothers who expressly and deceptively enter the U.S. for the sole purpose of having a child here, namely at a birth-tourism center. The order seeks to limit the use of surrogate mothers for this purpose as well.

The administration argues that creating this birth-tourism exception is permitted because of parents’ fraudulent misrepresentation in gaining access to the U.S., typically as tourists or workers.

The government can revoke the citizenship of those naturalized by fraud.

A second executive order directs the Secretary of State and the Secretary of Homeland Security to issue rules and guidance to stop birth tourism and target the industry at home and abroad.

U.S. law already bans getting a tourist visa “for the primary purpose of obtaining U.S. citizenship for a child by giving birth in the United States.”

Immigration officials also can deny a pregnant foreign national entry into the U.S. if they determine she’s entering the country for the purpose of giving birth.

This order sounds solid.