President Donald Trump issued two executive orders on Thursday intended to narrow birthright citizenship and restrict "birth tourism." The actions follow a June Supreme Court ruling in Trump v. Barbara, where five justices held that the 14th Amendment guarantees citizenship to those born in the United States. The new orders target children born to foreign diplomats, children of "alien enemies" such as foreign terrorist organizations, and children of women who travel to the U.S. specifically to give birth for citizenship purposes.
The Supreme Court's previous ruling saw Chief Justice John Roberts and Justice Amy Coney Barrett join three liberal justices in affirming the 14th Amendment's citizenship guarantee. Justice Brett Kavanaugh, while agreeing the executive order violated federal law, suggested Congress could potentially end birthright citizenship through legislation. The administration missed the deadline to request a rehearing on that decision, leading to the current strategy of targeted executive actions.
In late July, a group of conservative lawyers, former Trump aides, and immigration hawks met at Bellator Hall near Capitol Hill to discuss long-term strategies for the movement. Attendees included Iowa Solicitor General Eric Wessan, Gene Hamilton of America First Legal, and Mike Davis of the Article III Project. Participants described the effort as a multi-decade project comparable to the legal campaigns to overturn Roe v. Wade or the Chevron deference doctrine.
For affected families, this could mean a change in the legal status and benefits available to their children, though the exact timeline for implementation of these specific restrictions was not reported. The strategy outlined by the president’s allies involves establishing birthright citizenship as a "litmus test" for future judicial nominees. This approach seeks to influence the long-term composition of federal courts, similar to previous legal movements that successfully challenged established constitutional interpretations over several decades.
The knock-on effects include a renewed focus on birthright citizenship within legal academia and the potential for new litigation as these orders are challenged in court. Proponents are also pressing lawmakers to introduce legislation ranging from narrow restrictions to constitutional amendments. While the legal consensus for over a century has supported birthright citizenship, these actions and the accompanying academic interest indicate a sustained effort to revise that standard. Further developments will depend on court responses to the new orders and the outcome of future judicial appointments.