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    The Indian Eye
             IMMIGRATION                                                               AUGUST 21, 2026                                      45

            purpose  of  giving  birth  on  Ameri-  mains study,  employment,  business,  as an attack on birthright citizenship,  recasting birthright citizenship as a
            can soil.” The order on birth tourism  or another lawful activity. The order  but as a dragnet that can chill lawful  privilege to be withheld from children
            states that U.S. immigration laws  thus risks turning ordinary visa adju-  travel and destabilize settled lives  whose parents it labels undesirable.
            “establish discrete categories of tem-  dications and admissions inspections  even before any court strikes it down.  These orders would invite arbitrary
            porary  nonimmigrant  visas  to  allow  into intrusive inquiries into repro-  Both orders are blatantly uncon-  enforcement, chill lawful travel, and
            foreign visitors into the United States  ductive status and motive, with un-  stitutional and should meet the same  unsettle the citizenship of children
            for study, exchange, temporary em-  predictable consequences for lawful  fate as the initial executive order  whom the Constitution places be-
            ployment, tourism, and other transi-  visa holders, their employers, univer-  rejected in Trump v. Barbara. The  yond presidential discretion. Courts
            tory activities that are now exploited  sities, and families. It may also deter  Fourteenth Amendment does not  should therefore reject this renewed
            by birth tourism operators. Partici-  pregnant nonimmigrants from travel-  permit the President to create disfa-  attempt to narrow birthright citizen-
            pants in birth tourism schemes abuse  ing, seeking medical care, or candidly  vored categories of children born on  ship and reaffirm the simple rule that
            these categories to establish a perma-  answering routine questions, because  U.S. soil and then strip them of citi-  has long anchored constitutional cit-
            nent foothold in the United States by  any mention of childbirth in the Unit-  zenship because of their parents’ sta-  izenship: with narrow exceptions, a
            securing the advantage of citizenship  ed States could be misconstrued as  tus, motives, associations, or manner  child born in the United States and
            for their children and then potential-  evidence of “birth tourism.” In this  of entry. Nor may the government  subject to its jurisdiction is a citizen
            ly for themselves.”               way, the order operates not merely  evade the constitutional command by  at birth.
                Apart from being unconstitution-
            al, the second order will sow confu-  ________________________________________________________________________________________________________________________________________________________________________________________________
            sion and fear well beyond the narrow  Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta
            category of people it purports to tar-  & Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Com-
            get. A long-term nonimmigrant who   mittee; former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary
            has been living lawfully in the United   Committee, Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member
            States in F-1, H-1B, L-1, O-1, or oth-  of Volunteers for Legal Services and board member of New York Immigration Coalition.  Mr. Mehta is the former chair of the
            er temporary status, and who briefly
            travels abroad before returning while   Board of Trustees of the American Immigration Council and former chair of the Committee on Immigration and Nationality
            pregnant, could be wrongly suspect-  Law of the New York City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including
            ed of entering for the impermissible  on ethics, and is also an adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and
            purpose of giving birth. Consular of-  Work.  Mr. Mehta received the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law
            ficers  and  CBP  inspectors  may  feel   and the AILA 2011 Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the
            pressured to probe pregnancy, med-  immigration field. He has also received two AILA Presidential Commendations in 2010 and 2016.  Mr. Mehta is ranked among
            ical plans, family intentions, or future
            immigration possibilities, even where   the most highly regarded lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked
            the person’s primary purpose re-  in Chambers USA and Chambers Global 2019 in immigration law, among other rankings.

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