What to know about Trump's new attempt to limit birthright citizenship

The Trump administration is once again trying to limit who can become an American, with a pair of executive orders issued this week that attempt to place restrictions on birthright citizenship and on foreigners who give birth in the US.

A Supreme Court decision in June struck down a previous attempt at restricting birthright citizenship, but Thursday’s orders were made with “adjustments” keeping the decision in mind, President Donald Trump said.

The 14th Amendment, which makes a citizen of anyone born in the country, and two subsequent Supreme Court decisions interpreting it provide guidelines that already exclude certain births from receiving the citizenship benefit.

Trump's new attempt to restrict birthright citizenship even after the Supreme Court loss highlights the administration's drive to limit who can become an American.

Birthright citizenship is guaranteed under current law for anyone who is born on US soil, with a few exceptions.

The executive order released Thursday was narrower in scope than the previous one shot down by the Supreme Court and appeared to focus on restricting automatic citizenship to specific categories of people, including children born to adults with connections to foreign embassies or organizations as well as anyone considered an “alien enemy” of the United States.

US immigration law says babies born to a “foreign diplomatic officer accredited to the United States” are not entitled to birthright citizenship under the Constitution, including ambassadors, ministers, chargés d’affaires, counselors, secretaries and attachés of embassies and legations, and members of the Delegation of the Commission of the European Communities.

One order disqualifies babies who are products of “birth tourism.” The other applies to children of anyone working in a foreign embassy or representing a foreign government and employees of the United Nations or other international organizations. Children of parents tied to groups that are deemed terrorist organizations, like Antifa or Tren de Aragua, are also excluded.

“How is the federal government going to decide that a child is born to a member of a designated terrorist organization?” said César Cuauhtémoc García Hernández, a law professor at Ohio State University. “These are not organizations that are sharing the membership lists if they even have them.”

Citizenship through surrogacy has become a concern for Republican members of Congress, some of whom proposed a bill this year that would restrict citizenship for children of noncitizen parents born to surrogates in the US.

García Hernández said he believes the new executive order addressing surrogacy could raise new legal questions. “Neither the 14th Amendment nor any of the Supreme Court’s decisions about how to interpret the 14th Amendment mentions or hints at surrogates,” the law professor said.

Trump’s executive order defines birth tourism as someone who enters the United States on a “nonimmigrant visa for the purpose of giving birth on American soil.”

Birth tourism is already considered fraud and grounds to restrict a visa if someone seeks one specifically to come to the U.S. and obtain citizenship for a child.

Advocates said the executive order would give immigration officers discretion to deny entry to pregnant women suspected of wanting to give birth in the US without providing clearly defined guidelines.

The president did not offer data indicating the scope of the problem, but said Thursday: “I’ll tell you right now, hundreds of thousands, OK? Hundreds of thousands."