Birthright By Executive Fiat

President Trump has signed two executive orders targeting birthright citizenship, a constitutional guarantee that has stood for over 150 years. These orders aim to limit what the administration views as abuse of the system – pregnant foreigners traveling to the US to give birth and obtain citizenship for their children.

The White House claims its new directive doesn’t fall within the limits set by the Supreme Court’s June ruling, which struck down Trump’s previous executive order as unconstitutional. Instead of reinterpreting historical exceptions to citizenship at birth, this latest attempt seeks to expand who is ineligible for automatic citizenship. This move undermines the 14th Amendment’s promise to every free-born person in the land.

Birthright citizenship has long been a contentious issue in immigration debates. Trump’s administration argues that limiting it will stem what they see as an abuse of the system. However, critics argue that Trump’s executive orders are an attempt to circumvent the Supreme Court’s decision and target specific communities – pregnant women seeking lawful entry, foreign government employees, and people born in US territories.

According to estimates from the Center for Immigration Studies, between 20,000 and 25,000 mothers came to the US in a yearlong period between 2016 and 2017 specifically for the purpose of giving birth. While this number is significant, it’s essential to consider that birth tourism is a complex issue with multiple factors at play.

The implications of Trump’s executive orders go beyond immigration policy. They reflect a broader disregard for constitutional guarantees and the rule of law. By attempting to reinterpret exceptions to citizenship at birth, the administration is undermining the 14th Amendment’s core promise – that every free-born person has the right to have rights.

The White House’s claim that Trump’s previous order was merely an attempt to address what he sees as an abuse of the system rings hollow. The president himself acknowledged that birth tourism is a complex issue, with multiple factors at play. Yet instead of working towards comprehensive solutions, his administration has opted for narrow, symbolic gestures that aim to placate his base.

As the debate around immigration continues, it’s essential to remember that the 14th Amendment’s promise to every free-born person in the land is not subject to a president’s whims. It’s a constitutional guarantee that has stood for over 150 years – one that should be respected and upheld by all branches of government.

In his dissenting opinion on a similar case, Chief Justice John Roberts wrote, “Citizenship, then and now, was the right to have rights – to freely participate in our political community.” This reminder is crucial as the administration seeks to further limit this fundamental right. Birthright citizenship is not just a policy issue but an essential component of American democracy itself.