President Donald Trump signed two executive orders on Thursday aimed at limiting birthright citizenship, after the Supreme Court in June struck down his previous order restricting the policy.
“We had a very unfortunate decision in the Supreme Court concerning birthright [citizenship] … so we’re making adjustments,” Trump said in the Oval Office.
Birthright citizenship is the practice of the babies of noncitizens receiving citizenship if they are born in the United States. The Supreme Court’s majority opinion in Trump v. Barbara, authored by Chief Justice John Roberts and issued on June 30, stated that the citizenship clause of the 14th Amendment requires all children born within the United States to automatically qualify as citizens at birth.
Trump’s first executive order, signed on Thursday, identifies certain categories of children of noncitizens who are not entitled to birthright citizenship. The White House says those categories are consistent with historical exceptions recognized by the Supreme Court.
The second order directs the secretaries of state and homeland security to end the practice of birth tourism, when a foreign national travels to the U.S. for the purpose of giving birth to a child and obtaining citizenship for that child. In recent years, Chinese nationals have hired surrogates to give birth to their children on U.S. territory.
“People are building businesses around it, from—wealthy people are building businesses around birthright citizenship. That’s not the way it’s supposed to work. It’s a disgrace,” Trump said. They’re buying their way in, and we’re not going to let it happen.”
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Trump said “hundreds of thousands” of people are taking advantage of birth tourism.
“This order takes a number of different actions intended to combat those sorts of organized practices,” he said. “We look very heavily at denying visas to people that we have reason to believe are coming here for that purpose. Visas, both for punitive parents, but also for the people organizing these rings. There’s also obviously a law enforcement component.”
Deputy chief of staff Stephen Miller said birth tourism is banned under the order, calling the practice “one of the gravest and most egregious abuses of the American system and it keeps American citizenship sacred.”
“What that means is that no one in the world is anymore allowed to obtain a visa for this fraudulent purpose,” he said.
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