White House Defies Supreme Court Setback With Targeted Directives
WASHINGTON — In a renewed challenge to a constitutional guarantee more than 150 years old, US President Donald Trump signed two executive orders on Thursday aimed at curtailing birthright citizenship and cracking down on “birth tourism”.
The latest measures arrive roughly six weeks after the US Supreme Court dealt the administration a major legal defeat, striking down a broader initial attempt to strip automatic citizenship from the children of undocumented immigrants.
Speaking from the Oval Office, Trump did not hide his frustration with the high court’s 5-4 ruling in Trump v. Barbara, which reaffirmed that the 14th Amendment guarantees citizenship to nearly everyone born on American soil.
”We had a very unfortunate decision in the Supreme Court concerning birthright,” Trump told reporters. “It was close, but a very, very unfortunate decision. So we’re making adjustments because it’s very unfair.”
Narrower Scope, Expanded Categories
While the administration’s previous bid targeted millions of undocumented individuals and temporary visa holders, the new directives take a more granular approach. The first order, titled “Continuing to Protect the Meaning and Value of American Citizenship,” seeks to exclude specific groups from automatic citizenship by invoking historical exceptions recognized under the law.
According to the text of the order and White House officials, automatic citizenship will be withheld from newborns whose parents fit any of the following criteria:
- Security Risks: Membership in a designated foreign terrorist organization.
- Foreign Influence: Employment by a foreign government, broadening traditional diplomatic exemptions.
- Fraudulent Procurement: Prior attempts or involvement in gaining entry or status through fraudulent means.
- Unincorporated Territories: Birth in a US territory or territorial waters where federal statute does not explicitly confer citizenship—a classification currently applying primarily to American Samoa.
Cracking Down on ‘Birth Tourism’
The second directive focuses squarely on “birth tourism”—the practice where foreign nationals travel to the United States on temporary visas primarily to give birth so their children acquire native citizenship.
The order directs the Department of State and the Department of Homeland Security to aggressively target individuals and commercial networks facilitating these trips. White House Deputy Chief of Staff Stephen Miller argued that the practice bypasses legal immigration channels and unfairly exploits American civic privileges.
Although using tourist visas under false pretenses to secure citizenship is already illegal under federal guidelines, the new order commands executive agencies to intensify visa revocations, border refusals, and enforcement metrics.
Immediate Legal Pushback
Civil rights organizations and legal scholars immediately condemned the announcements, labeling them a transparent attempt to bypass binding constitutional jurisprudence.
The American Civil Liberties Union (ACLU) issued a sharp rebuke following the signing:
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“The Supreme Court already decided this issue: birthright citizenship is guaranteed by the Constitution. Any executive order that tries to attack birthright citizenship will meet the same fate as President Trump’s last one.”
Legal experts note that the directives are virtually guaranteed to face swift challenges in federal court, setting the stage for another high-stakes showdown over the boundaries of executive power and the 14th Amendment.
