President Trump issued an executive order last week that again tried to limit birthright citizenship, even after the Supreme Court struck his first effort just over a month ago, in Trump v. Barbara. (Our analysis of that case is here.)
Under the new EO, the following individuals (among other) do not qualify for birthright citizenship:
(c) either parent of that person engaged in a commercial transaction to purchase or access birthright citizenship for the person, or engaged in fraudulent activity to obtain citizenship, to include:
(i) when the parent(s) of the person engage in a commercial transaction to ensure that the person’s mother is present in the United States, or a territory of the United States, to give birth; or
(ii) when the parent(s) engage in a commercial transaction with a surrogate present in the United States, or a territory of the United States, to give birth . . . .
The new EO targets “birth tourism,” when a person pays for help to get to the United States for the purpose of birthing a child (who then becomes a citizen).
But Trump v. Barbara didn’t contain an exception to birthright citizenship for “birth tourism.” In fact, the decision said nothing about it. It didn’t even hint at such an exception.
So it’s not clear how the Trump Administration thinks this new EO can skirt Trump v. Barbara. Or if that’s even its end-game.
As of yet, nobody’s sued to block this new EO. Stay tuned . . . .
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