US President Donald Trump signed two executive orders on the 7th local time, further tightening birthright citizenship policies and formally targeting the practice known as “birth tourism.” The move comes after the US Supreme Court ruled in June that his previous attempt to restrict birthright citizenship through executive action was unconstitutional.
Under the new orders, the US government will expand the categories of people who may not qualify for birthright citizenship, including foreign nationals suspected of entering the US with the purpose of giving birth. Immigration officials have also been instructed to deny visas to individuals believed to be seeking birth tourism. The citizenship rights of children born in the US to foreign government officials, as well as those classified as “enemy aliens,” would also be restricted.
Trump said some people had built an industry around birthright citizenship and were effectively “buying citizenship,” arguing that the system had moved away from its original purpose. He claimed the 14th Amendment to the US Constitution, introduced after the Civil War, was intended to protect the children of freed slaves rather than allow foreign nationals to obtain citizenship by giving birth in the US.
However, the 14th Amendment has long been widely interpreted to mean that anyone born in the US and subject to US jurisdiction automatically receives citizenship, with limited exceptions such as children of foreign diplomats and occupying enemy forces. The Supreme Court has previously reaffirmed this interpretation, meaning Trump’s latest executive orders are expected to face further legal challenges.
Commentary:
In recent years, China has been considered one of the major sources of birth tourism to the US, with the industry once becoming well established. Trump has repeatedly criticised Chinese families for using birthright citizenship to obtain US status. Therefore, the latest restrictions are seen not only as part of his broader immigration crackdown but also as an extension of his tougher stance toward China.
However, the focus should be on preventing fraudulent visa applications and abuse of the system, rather than judging people primarily based on nationality. The government also needs clearer and more transparent visa rules to define what constitutes “birth tourism” and avoid affecting legitimate travellers, while balancing national interests with fairness.