After the U.S. Supreme Court blocked restrictions on birthright citizenship, the Trump administration has drawn up a new card aimed at preventing "birth tourism" itself. As the policy's focus shifts from the citizenship of children born in the United States to restricting the entry of pregnant foreigners, another legal controversy is looming.
Pivot to Blocking Birth Tourism as Entry Restrictions Considered
According to U.S. online outlet Axios on Tuesday, immediately after the Supreme Court ruling, President Trump's aides and his core supporters in the "MAGA (Make America Great Again)" camp began reviewing measures to restrict the entry of pregnant foreigners into the United States.
President Trump expressed regret over the Supreme Court's decision and reportedly directed Congress to pursue legislation that could produce an effect similar to restricting birthright citizenship, even without amending the Constitution.
Stephen Miller, White House Deputy Chief of Staff who designed the hardline immigration policy, said in a Fox News interview, "We have to think very carefully now, even if temporarily, about who is coming into the United States." He added that the government must stop cases where people give birth in the United States and obtain lifelong citizenship.
Sean Davis, founder of the pro-Trump outlet The Federalist, also proposed measures to the same effect. Abigail Jackson, White House Deputy Press Secretary, said, "President Trump is committed to protecting the value of citizenship by birth and has instructed Congress to respond swiftly."
The Justice Department also issued guidance to federal prosecutors to treat so-called "birth tourism" cases as top priority for investigation and to pursue aggressive prosecution. Colleen McDonald, Assistant Attorney General at the Justice Department, explained that birth tourism is often linked to criminal offenses such as fraudulent visa applications.
Supreme Court: "Birthright Citizenship Is Guaranteed by the Constitution"...Executive Order Blocked
Earlier, on Monday, according to Reuters and CNN, the U.S. Supreme Court ruled 6-3 that the New Hampshire federal court's decision to block the effect of President Trump's executive order restricting birthright citizenship was lawful.
The lawsuit was a class action brought by immigrant advocacy groups including the American Civil Liberties Union (ACLU), and a lower court had already halted enforcement of the executive order.
Chief Justice John Roberts said, "Citizenship is the 'right to have rights' and the right to participate in the political community." He added, "The 14th Amendment made that promise to everyone born in the United States, and the courts have kept it."
The 14th Amendment to the U.S. Constitution defines those born or naturalized in the United States as citizens. However, President Trump earlier this year signed an executive order denying citizenship to those born in the United States if their parents are not citizens or permanent residents, pushing forward his anti-immigration policy.
Axios forecast that the move would "shift the debate from the citizenship of children born in the United States to who can enter the United States," suggesting that the battle over birthright citizenship could enter a new phase.
