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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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