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Trump Can Still Fight Birthplace Citizenship Abuse After SCOTUS Refused To

The Trump administration is doing its best to creatively prevent birthplace citizenship for foreign nationals despite the recent SCOTUS ruling.

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Despite a disastrously anti-American Supreme Court ruling on birthplace citizenship in Trump v. Barbara, President Trump proves determined to keep advancing his position on American citizenship despite opposition from the court. While even stronger measures of resistance would be justified, it is clear President Trump’s administration is doing its best to creatively prevent birthplace citizenship for foreign nationals while technically abiding within the confines of the Supreme Court’s decision.

Many options remain available for President Trump to curtail birthplace citizenship, which include exercising departmentalism, clearly defining the exceptions to the general rule of birthplace citizenship supported by the court, tightly controlling the issuance of visas to foreign visitors, shutting down the birth tourism industry, pressuring Congress to amend federal statutes, and generally advancing remigration as much as possible.

In Wong Kim Ark v. U.S. (1898) and most recently with Trump v. Barbara (2026), the Supreme Court had held that birthplace citizenship is not recognized for children of foreign diplomats residing in America, nor children of “alien enemies in hostile occupation.” Accordingly, President Trump announced two new executive orders this week to counter what the court has wrought.

In his order “Continuing To Protect The Meaning and Value of American Citizenship,” President Trump clarified which categories of foreign nationals are to be denied birthplace citizenship consistent with the court’s ruling in Trump v. Barbara. The president ordered that birthplace citizenship not be recognized for children whose parents are alien enemies, including members of designated foreign terrorist organizations, which now includes multiple Latin American cartels. Nor is birthplace citizenship to be recognized for children of diplomatic personnel from foreign countries (defined clearly in the executive order). Lastly, birthplace citizenship is denied for those whose parents engaged in birth tourism.

In the other order, “Ending Birth Tourism,” President Trump explained how birth tourism is a form of immigration fraud because it involves dishonestly obtaining a temporary, nonimmigrant visa........

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