(AP Photo/Alex Brandon)
President Donald Trump is eyeing a new 14th Amendment court battle as he seeks to limit birthright citizenship for a second time.
Trump signed two executive orders Thursday seeking to crack down on “birth tourism,” and deny citizenship to children born of some foreign diplomatic staff in the U.S.
Citing the 14th Amendment guarantee of citizenship to those born in the United States, the U.S. Supreme Court nullified an executive order in June to deny citizenship to anyone born in the U.S. non citizens.
Trump argues that the Supreme Court ruling still allows him to limit birthright citizenship under certain exceptions. According to Axios, they include:
- Children born of foreign diplomatic staff working on behalf of another government while in the U.S. The 14th Amendment doesn’t confer automatic citizenship to ambassadors’ families, and this order would expand that category to other noncitizen employees.
- Children of people who are classified as alien enemies, including those who belong to federally declared terrorist groups. The 14th Amendment doesn’t apply to invading armies, and this designation would expand that category.
- Those born in U.S. territories — but only if Congress changes the law to end automatic citizenship there. A bill seeking to do that was introduced last month but isn’t expected to pass. This would apply most notably to those in Puerto Rico.
- Children born of mothers who expressly and deceptively enter the U.S. for the sole purpose of having a child here, namely at a birth-tourism center. The order seeks to limit the use of surrogate mothers for this purpose as well.
- Between the lines: The administration argues that creating this birth-tourism exception is permitted because of parents’ fraudulent misrepresentation in gaining access to the U.S., typically as tourists or workers.
The second executive order “directs the secretary of state and the Department of Homeland Security secretary to issue rules and guidance to stop birth tourism and target the industry at home and abroad,” the report said.
The post Trump Eyes New Court Battle With New Executive Orders to Limit Birthright Citizenship first appeared on Mediaite.
