Trump's new birthright citizenship orders could survive, experts say
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Trump's new birthright citizenship orders could survive, experts say

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Key Points:

  • President Trump issued two new executive orders aiming to narrow birthright citizenship and crack down on birth tourism, following a Supreme Court ruling affirming citizenship for children born in the U.S. to unlawfully or temporarily present parents under the 14th Amendment.
  • The first order seeks to withhold citizenship documents from children born to parents who are foreign terrorists, diplomats, or involved in fraud, citing longstanding exceptions recognized by the Supreme Court for children of enemy aliens and diplomats.
  • Conservative legal experts argue Trump's new order is more legally grounded than his previous attempt, while critics, including some legal scholars, contend it overreaches executive authority and conflicts with Supreme Court precedent, potentially rendering it unconstitutional.
  • The second order targets birth tourism by directing visa denials and removal actions against individuals believed to be entering the U.S. to give birth for citizenship purposes, a move supported as legally sound by some experts but criticized as unnecessary by others who note existing rules already address this.
  • Legal challenges to the orders are underway, with courts set to hear injunction requests; if unsuccessful, proponents of restricting birthright citizenship may seek congressional action or a constitutional amendment.

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