He signed an order targeting individuals who, according to him, come to the country under the guise of tourism, although they actually intend to give birth.
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“They took advantage of birthright citizenship and turned it into a joke,” Trump told reporters in the Oval Office.
His previous attempt to restrict this constitutional right was rejected by the US Supreme Court in a decision made at the end of June, which Trump called “very disappointing.”
“We are making changes because this is very unfair,” he said.
One of Trump’s closest advisers, Stephen Miller, indicated that this order also aims to prevent birthright citizenship from being granted to other individuals, including children of members of “foreign terrorist organizations,” as well as “large groups of people engaged in lobbying and acting on behalf of foreign governments.”
This step “ensures that a large number of people who illegally (obtain) birthright citizenship will no longer be able to claim these privileges,” Miller said.
Last year, the president signed another executive order stating that children born to parents who are in the US illegally or with temporary visas will not automatically become US citizens.
Anti-immigration agenda
Lower courts blocked that decision, ruling that under the 14th Amendment of the US Constitution, almost all persons born on US soil are Americans.
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The Supreme Court agreed with this by a majority opinion written by Chief Justice John Roberts and supported by two other conservative justices and three liberal justices.
The 14th Amendment states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
This does not apply to persons not subject to US jurisdiction – for example, children of foreign diplomats, and under US law visas can already be denied if a consular officer believes the applicant is coming to the country primarily to give birth.
The Trump administration unsuccessfully argued that the 14th Amendment, adopted after the 1861–1865 Civil War, addresses the citizenship rights of former slaves, not the status of children of illegal migrants or visitors.
Trump’s previous executive order was based on the idea that any person in the US illegally or with a visa is not subject to the country’s jurisdiction, and therefore is not entitled to automatic citizenship.
The president’s efforts to restrict birthright citizenship are part of a broader campaign to limit immigration. This campaign also includes the deportation of millions of illegal migrants and the removal of protections from deportation for citizens of several countries.
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