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Trump Issues Another Unconstitutional Executive Order Targeting Birthright Citizenship
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Birthright Citizenship
Trump Issues Another Unconstitutional Executive Order Targeting Birthright Citizenship
While less sweeping than the one invalidated by the Supreme Court in Trump v. Barbara, it still denies birthright citizenship to
Ilya Somin | 8.6.2026 8:26 PM
Milla74/Dreamstime
In Trump v. Barbara, issued in June, the Supreme Court ruled against Donald Trump's executive order denying birthright citizenship to children of undocumented immigrants born in the United States, and those born to non-citizen parents here on temporary visas. Today, Trump issued another executive order seeking to narrow birthright citzenship, one that is also unconstitutional, even though the groups affected are much smaller than those targeted by the earlier order.
Today's order denies birthright citizenship to four categories of children:
Children of "alien enemies," defined as those where at least one parent is a "designated Foreign Terrorist Organization under 8 U.S.C. 1189 or Specially Designated Global Terrorist, consistent with the International Emergency Economic Powers Act, 50 U.S.C. 1701 et seq., and Executive Order 13224 of September 23, 2001 (Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism)." Children born to at least one parent who is a "foreign government employee" or employed by an "international organization that possess international-organization immunity." Children where "either parent" has engaged in "birth tourist" transactions of various kinds (deliberately seeking to give birth in the US so the child would get birthright citizenship). Children "born in a territory or territorial waters of the United States where citizenship is not conferred by Federal statute." As far as I can tell (I welcome correction by experts), this only applies to children born in American Samoa, the one populated overseas US territory to whose residents Congress has not conferred citizenship by statute.With one exception (children of........
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