NEWS: THE TRUTHFUL AMERICAN – President Trump signed two new executive orders on August 6 aimed at curbing birthright citizenship, with a primary focus on “birth tourism” – the practice of foreigners entering the United States under the guise of tourism while intending to give birth and secure automatic citizenship for their children.
White House Deputy Chief of Staff for Policy Stephen Miller said one of the orders also denies birthright citizenship to children of members of foreign terrorist organizations and large categories of people who lobby or act on behalf of foreign governments.
The moves come after the Supreme Court struck down Trump’s earlier, broader executive order in *Trump v. Barbara* on June 30. In that 6-3 decision, the Court held that children born in the United States to parents who are unlawfully or only temporarily present are citizens under the 14th Amendment. The majority reaffirmed the longstanding broad interpretation of the Citizenship Clause while preserving traditional narrow exceptions, such as children of foreign diplomats.
Justice Brett Kavanaugh, writing separately, suggested that Congress could amend the relevant federal statute to create additional exceptions for children of foreign citizens present unlawfully or temporarily, and that such legislation would be consistent with the Constitution in his view. The majority did not adopt that position.
Justice Clarence Thomas, joined by Justice Neil Gorsuch, issued a lengthy and sharply critical dissent. Media outlet RedState characterized it under the headline “Justice Clarence Thomas Goes Nuclear on SCOTUS Majority Over Birthright Citizenship Ruling.” Thomas argued that the majority had “repurposed” the 14th Amendment for political ends the Reconstruction Congress never contemplated, accused the Court of recognizing a constitutional right to citizenship for children of “all foreign birth tourists and illegal aliens,” and concluded that the decision “devalues” American citizenship. He maintained the Clause was primarily intended to secure equal rights for freed Blacks who owed no foreign allegiance.
Prior to the ruling, videos resurfaced of the late, great Charlie Kirk making related arguments that if American identity is reduced to “only a passport” or “only paperwork, then we’re cooked.” President Trump also posted on Truth Social that birthright citizenship “was not meant for people taking vacations to become permanent Citizens,” calling it a provision about “the babies of slaves” that had “nothing to do with Illegal Immigration” or those seeking to “SCAM our Country.”
Now, these new executive orders take a narrower approach. The administration is relying on remaining exceptions and existing statutory authorities to target birth tourism involving misrepresentation of intent, certain foreign-government-affiliated individuals, members of foreign terrorist organizations, and “alien enemies.” Officials present the actions as an effort to address what they describe as systemic abuse without revisiting the broader constitutional redefinition rejected by the Court.
