Trump Attempts to Limit Birthright Citizenship & Birth Tourism

President Trump signed two new executive orders on Thursday–one that blocks birthright citizenship to certain foreign nationals, and one that directs his administration to restrict "birth tourism." The two orders take a different approach to limiting birthright citizenship after the Supreme Court struck down the president’s broader effort in Trump v. Barbara.

As a reminder, the Immigration Accountability Project tracks all immigration-related actions taken by the Trump Administration with our Admin Accountability tool.

The first order, Continuing to Protect the Meaning and Value of American Citizenship, refers directly to the Court’s majority opinion in Trump v. Barbara. The Court ruled that the 14th Amendment of the U.S. Constitution guarantees citizenship to all children born on U.S. soil “for whom no extraterritorial fiction applie[s].” The EO defines the categories of foreign nationals who do not fall within that Supreme Court definition.

The definition includes:

1. A child born to an alien enemy, including any member of a designated Foreign Terrorist Organization;
2. A child born to an employee of a foreign government;
3. A child born to a parent engaged in a transaction to purchase or access birthright citizenship; and
4. A child born to noncitizen parents in a U.S. territory or territorial waters.

The second action, Ending Birth Tourism, orders the Department of State and the Department of Homeland Security to take concrete measures to prevent foreign nationals from traveling to the United States for the purpose of giving birth on American soil. 

The administration relies on statutory authority granted by Congress under 8 U.S.C. § 1185(a), which allows the president to impose travel and entry restrictions on foreign nationals.

Under the order, birth tourism is defined as either the entry of a foreign national into the United States for the purpose of giving birth or any effort by a foreign national to facilitate another person’s entry for that same goal.

For decades, birth tourism has operated as a commercial industry, with foreign parents traveling to the United States on temporary visas so their children automatically secure U.S. citizenship at birth. Disproportionate abuse has stemmed from operations originating in countries such as China and Russia.

However, the practice extends beyond those two nations. Shortly after the Supreme Court's decision in June, a hospital in Texas launched a marketing campaign directly advertising birthing packages to women in Mexico.

We expect legal challenges to be filed against both orders.

Senate Scrambles to Get to Recess

The Senate is trying to wrap up work today so Senators can leave Washington for August recess.

Before leaving town, the Senate intends to invoke cloture on a continuing resolution (CR) to fund the federal government through December 11. The Senate CR differs from the one passed by the House last month, so the differences in the bills will have to be resolved before the September 30 deadline to avert a government shutdown.

Also today, and on a high note, the Senate will officially confirm former Congressman and former Board Chairman of the Immigration Accountability Project, Dave Brat, as U.S. Ambassador to Australia. We congratulate Dave as he prepares to take on his new role down under!

Once they wrap up, the Senate will be on recess until after Labor Day, while the House returns on August 31.

Rep. McCormick Climbs (again) in Congressional Immigration Rankings

For the second straight week, Rep. Rich McCormick (R-GA) made the biggest move in the newest release of IAP Action’s Immigration Rankings. Rep. McCormick climbed 36 spots to rank No. 85 overall in the House after cosponsoring two bills supported and identified as key legislation by IAP Action. He cosponsored the Legal Workforce Act (H.R. 251), which would require all employers to use E-Verify, and the Stopping Border Surges Act (H.R. 116), which would close the loopholes that were exploited during the Biden border crisis.

Rep. Mike Ezell (R-MS) had the biggest fall this week, dropping 40 spots to No. 181 overall. Rep. Ezell cosponsored the Securing Agriculture's Workforce Act (H.R. 9535), which would grant amnesty to millions of illegal farm workers and their employers. IAP Action opposes the bill and has identified it as key legislation. Rep. Nick LaLota (R-NY) also cosponsored the bill, causing him to drop 33 spots to No. 185 overall.

View the full Congressional Immigration Rankings at IAPAction.com.

Immigration Articles

Politico: Mullin’s immigration balancing act grows more precarious

DHS Secretary Markwayne Mullin's recent comments about expanding employment visas has sparked a fierce intraparty backlash, underscoring the political tightrope he walks between cheap labor business interests and fulfilling demands for the mass deportation of illegal aliens.

House Freedom Caucus Responds to Spanish Invasion-

Blaze Media: Ceuta is America’s border warning by Rep. Paul Gosar (R-AZ-9), Rep. Lauren Boebert (R-CO-4), and Rep. Mary Miller (R-IL-15)

“Codify secure borders now—or prepare to watch the crisis return under the next Democratic administration. Our sovereignty, security, and rule of law depend on getting this right.”

Washington Examiner: Ceuta was the warning shot. America is next unless Congress acts by Rep. Michael Cloud (R-TX-27), Rep. Mark Harris (R-NC-8), and Rep. Sheri Biggs (R-SC-3)

“When Congress returns in September, Republican leadership must put the Permanent Trump Secure Border Act on the floor and pass it. Codify the policies that worked. Close the doors that failed. America still gets to choose whether it remains a sovereign nation capable of self-government or becomes the next soft target for whoever decides to walk across.”

Next Week

Once the Senate wraps up business, Congress will officially be on August recess.