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    The Indian Eye
             IMMIGRATION                                                               AUGUST 21, 2026                                      44

                    Trump’s Latest Attack

              on Birthright Citizenship

                                Is Still Blatantly

                               Unconstitutional

            CYRUS MEHTA                rule of birthright citizenship   preme Court”; and     foreign governments, or em-  tion that enjoys institutional
                                       announced  by  the  Supreme    Ending Birth Tourism,   ployees  of  international  or-  immunity. If the latter inter-
                  ollowing defeat in the   Court”:                 which aims to “prevent the   ganizations with immunity;   pretation were adopted, the
                  Supreme Court in         Continuing to Protect   entry into the United States   those whose parent engaged   child  of  a  rank-and-file  UN
            FTrump v. Barbara on       the Meaning and Value       of, or the granting of any   in a commercial transaction   employee, such as a janitor
            constitutional grounds of a   of American Citizenship,   visa or other travel authori-  or fraudulent activity to ob-  who is fully subject to U.S.
            presidential order limiting   which  “identifies,  non-ex-  zation to, any alien entering   tain or access birthright citi-  law, could be denied birth-
            birthright citizenship, Presi-  haustively, and prescribes   or attempting to  enter  the   zenship, including arrange-  right  citizenship—an  ab-
            dent Trump signed two new   action  concerning  certain   United States for the pur-  ments to ensure that the   surd result that underscores
            executive  orders on  August   categories of children of   pose of engaging in birth   mother or a surrogate is pres-  the order’s overbreadth.
            6, 2026, to limit birthright   aliens who do not fall within   tourism; revoking the visa   ent in the United States or a   A child born in the Unit-
            citizenship for those he   the rule of birthright citizen-  or travel authorization and   U.S. territory to give birth;   ed States remains a  U.S.
            deems not to “fall within the   ship as announced by the Su-  permanently  barring  entry   and those born in a U.S.   citizen even if the parent en-
                                                                     of  any  alien  who  enters   territory or territorial wa-  tered through a commercial
                                                                      or attempts to enter the   ters where citizenship is not   arrangement or so-called
                                                                      United States for the   conferred by federal statute.  birth tourism. Trump v. Bar-
                                                                      purpose of engaging in     Even if a child is born   bara covers birth tourism as
                                                                      birth tourism; denial of   in the US to any member   well, a point underscored by
                                                                      entry to, or removal of,   of a designated terrorist or-  Justice  Alito’s dissent crit-
                                                                      any alien who previous-  ganization, he or she is still   icizing that practice. Even
                                                                      ly engaged or plans to   a US citizen under the 14th   if the child is born through
                                                                      engage in birth tourism;   amendment. A member of   a surrogate in the US, the
                                                                      or other appropriate ac-  a designated terrorist orga-  child is a US citizen. If the
                                                                      tion against entities, or-  nization is still subject to US   surrogate is a US citizen her-
                                                                      ganizations, or individ-  law. They are not like chil-  self, that should remove any
                                                                      uals, within or outside   dren of members of an in-  doubt regarding the child’s
                                                                      of  the United States,   vading army who have seized   US citizenship.
                                                                      responsible  for  facili-  control of US territory thus   Children born in terri-
                                                                      tating or enabling birth   preventing the exercise of   tory where citizenship is not
                                                                      tourism in any manner.”   US jurisdiction. The child   conferred by federal statute
                                                                          The first order iden-  born in the US to a person   may  not  claim  birthright
                                                                      tifies  several  categories   who may have committed   citizenship. This seems to
                                                                      of persons it asserts are   acts of terrorism is still a   be  American  Samoa,  and
                                                                      not covered by birth-   US citizen. The sins of the   it is true that children born
                                                                      right citizenship, includ-  parent should not be passed   in American Samoa are not
                          m of                                        ing those with a parent   onto a new born child.   conferred US citizenship.
                                                                                                 Unless the parent per-
                                                                                                                             In the second order
               CYRUS D. MEHTA & PARTNERS PLLC                         who is an “alien ene-   sonally enjoys diplomatic   “Birth  tourism”  is  defined
                                                                      my,” such as a member
                                                                                                  of a designated Foreign   or comparable immunity,   as “(a) the entry of any for-

                 Terrorist Organization   however, the child should   eign national into the United
                                                                      or a Specially Desig-   remain a U.S. citizen at   States via a nonimmigrant

                        nated Global Terrorist;   birth. The order is  ambig-  visa for the purpose of giv-
                                                                      those with a parent who   uous  because it is unclear   ing  birth  on  American  soil;

                                                                      is a foreign government   whether it applies only to   or (b) any effort by any for-
                                                                      employee,    including  employees who themselves   eign national to facilitate the
                                                                      ambassadors,   certain  possess immunity, or more   entry of any foreign national
              2              6th Floor                                embassy or consular     broadly  to  any  employee  of   into the United States via a
                                                                      employees,  officials  of   an international organiza-  nonimmigrant visa for the

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