Trump's orders limit birthright citizenship
China Daily | Updated: 2026-08-08 07:48
WASHINGTON — US President Donald Trump signed two executive orders to narrow birthright citizenship on Thursday, a new administration effort following the Supreme Court's ruling against its previous order.
"We had a very unfortunate decision in the Supreme Court concerning birthright, it was close," Trump said in the White House Oval Office as he signed the new orders. "So we're making adjustments."
One of the orders targets "birth tourism", which is defined as the entry of any foreigner into the United States via a nonimmigrant visa for the purpose of giving birth on US soil, or any effort by any foreigner to facilitate such entry, according to the White House.
The other order expands the definitions of people ineligible for birthright citizenship, including children of foreign government employees, children of members of a designated Foreign Terrorist Organization, as well as children of people who engaged in fraudulent activity to obtain citizenship.
The new orders differ from Trump's previous effort, which targeted a wider range of children born to immigrants who were in the United States illegally or temporarily.
The administration argues that the new directives seek to reinterpret narrow, historical exceptions to citizenship at birth and fall outside the scope of the Supreme Court's previous ruling.
Court ruling
The 14th Amendment of the US Constitution, ratified in 1868, states that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside".
On Jan 20, 2025, the inauguration day of his second term, Trump signed an executive order regarding birthright citizenship. The order declares that children born of persons unlawfully or temporarily present in the United States are not "subject to the jurisdiction" of the United States, and thus do not qualify for citizenship under the 14th Amendment or the Immigration and Nationality Act.
Several parents filed suit, some on their own behalf, and others on behalf of their children. Multiple lower courts had ruled in favor of the plaintiffs, and the executive order never took effect.
On June 30, the Supreme Court, by a 6-3 vote, rejected Trump's executive order denying birthright citizenship to children of undocumented immigrants or temporary residents, upholding birthright citizenship.
After the ruling, Trump called on Congress to act, but on Thursday opted for executive orders, which set policy but do not carry the same weight as laws passed by Congress.
On the same day, Trump also signed an executive order imposing minimum import prices and a 15 percent tariff on products made from polysilicon, a key material for solar panels and semiconductors. The new trade measures are scheduled to take effect on Dec 4.
According to a White House fact sheet, the measures are aimed at creating "a level playing field for American producers of these strategic goods", encouraging the "onshoring of these industries", and protecting "US national security and its defense and defense-adjacent industrial base".
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