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 ruling by the Supreme Court that struck down an earlier, broader executive order denying citizenship to children born in the U.S. to undocumented immigrants or non-citizen parents on temporary visas.

The new order denies birthright citizenship to four specific categories of children:

• Those born to at least one parent designated as a "Foreign Terrorist Organization" under 8 U.S.C. 1189 or as a "Specially Designated Global Terrorist," consistent with 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 who commit, threaten to commit, or support terrorism.
• Children born in U.S. territories or territorial waters where citizenship is not conferred by federal statute, notably including American Samoa.
• Children of foreign-government employees who have diplomatic immunity (excluded from the order).

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 its decision on the earlier case (Trump v. Barbara), affirmed that "subject to the jurisdiction thereof" includes children of all persons required to obey U.S. law.

Legal experts argue that, aside from the diplomatic immunity exception, the new executive order is also unconstitutional, as it conflicts with the Citizenship Clause. No part of the United States has been invaded or occupied in a manner that would justify exceptions to birthright citizenship since World War II.

This latest executive order affects a smaller group than the previous one but continues to challenge established constitutional interpretations regarding citizenship.

Sources

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