A MARTÍNEZ, HOST:
President Trump is once again trying to put restrictions on who is automatically guaranteed citizenship after being born in the U.S.
LEILA FADEL, BYLINE: Less than two months ago, the Supreme Court rejected Trump's previous attempt. It ruled the Constitution guarantees - it reaffirmed this, actually - the Constitution guarantees automatic birthright citizenship to virtually all children born in the U.S. Trump's focus now is more narrow than last time.
MARTÍNEZ: NPR's Juliana Kim is covering the two executive orders President Trump signed on Thursday. Juliana, what did they say?
JULIANA KIM, BYLINE: The first order looks to restrict who's eligible for birthright citizenship. That includes babies born to members of foreign terrorist groups or employees of foreign governments, such as embassy or consulate staff who are foreign nationals. The second order says the administration will work to deny visas to people who it thinks are coming to the U.S. to engage in birth tourism. This is an issue that Trump has raised for years. The term refers to when pregnant foreigners visit the U.S. in order to give birth so that their newborn can obtain American citizenship. Senior White House adviser Stephen Miller was at the Oval Office when the executive orders were announced, and he called the crackdown on birth tourism one of the most important actions that Trump has taken when it comes to immigration.
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STEPHEN MILLER: Because it ends what has been one of the gravest and most egregious abuses of the American system, and it keeps American citizenship sacred.
MARTÍNEZ: Juliana, you've reported on birth tourism. Tell us, how big of an issue is this?
KIM: You know, over the years, there have been some crackdowns on covert, lucrative businesses kind of coaching travelers on how to conceal their pregnancies from immigration authorities. But, you know, set these scandals aside. The actual scale of birth tourism is unclear. The Centers for Disease Control and Prevention estimates that in 2024, fewer than 10,000 babies were born in the U.S. to foreign residents. Meanwhile, the Center for Immigration Studies is a group that supports restricting immigration. And by their estimate, temporary visitors gave birth to about 70,000 babies in 2023. Both estimates suggest that tourist births make up a small fraction of the 3.6 million babies born in the U.S. every year, and it's why immigration advocates argue that the issue of birth tourism is being blown out of proportion.
MARTÍNEZ: How likely is it the executive order restricting birthright citizenship takes effect?
KIM: Trump tried to restrict birthright citizenship last year through an executive order. That one targeted babies born to parents in the U.S. illegally or on temporary visas. The order was quickly challenged in the courts, and this June, the nation's highest court struck it down, reaffirming that birthright citizenship is guaranteed by the 14th Amendment. And it's why some legal experts expect Thursday's executive order to also face legal challenges. I asked David Bier about this. He's an immigration policy analyst with the Cato Institute, a libertarian think tank.
DAVID BIER: This is a situation where you would hope that the Supreme Court would step in very quickly to enforce its prior decision.
KIM: I'll add, the White House did not immediately respond to a request for comment about this.
MARTÍNEZ: All right, that's NPR's Juliana Kim. Thank you very much.
KIM: Thank you. Transcript provided by NPR, Copyright NPR.
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