Trump Issues New Executive Order Restricting Birthright Citizenship

Former President Donald Trump has issued a new executive order aimed at limiting birthright citizenship in the United States. This order follows a June Supreme Court ruling in Trump v. Barbara, which struck down an earlier, broader executive order denying citizenship to children born in the U.S. to undocumented immigrants and non-citizen parents on temporary visas.

The new order restricts birthright citizenship for four specific categories of children:

• Those with at least one parent designated as part of a Foreign Terrorist Organization under 8 U.S.C. 1189 or as a Specially Designated Global Terrorist under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and Executive Order 13224 of September 23, 2001, which blocks property and prohibits transactions with persons involved in terrorism.
• Children born in U.S. territories or territorial waters where citizenship is not granted by federal statute, notably American Samoa.
• Children of foreign-government employees with diplomatic immunity are excepted.

According to the Citizenship Clause of the Fourteenth Amendment, all children born or naturalized in the United States and subject to its jurisdiction are entitled to citizenship. The Supreme Court in Trump v. Barbara affirmed that "subject to the jurisdiction thereof" includes children of all persons required to obey U.S. law.

Legal experts note that, aside from diplomatic exceptions, the children targeted by this new order are constitutionally entitled to birthright citizenship. No part of the United States has been invaded or occupied in a manner that would alter this status since World War II.

This executive order is considered unconstitutional by critics, despite affecting a smaller group than the previous order invalidated by the Supreme Court.

Sources

• Ilya Somin, Reason, Trump Issues Another Unconstitutional Executive Order Targeting Birthright Citizenship