Executive orders on birthright citizenship and birth tourism
LawComments
How is a customs agent supposed to verify intent without a detailed medical record or a pre-existing travel itinerary? I wonder what the actual training looks like for the officers on the ground.
The exclusion of territories where citizenship is not conferred by statute is a curious addition. That is already the legal reality for places like American Samoa, so it does not actually change the current application of the law.
This is not about citizenship. It is a domestic signal to the base while the administration guts the diplomatic corps and closes consulates. Why focus on birth tourism when the actual diplomatic infrastructure is evaporating?
The core legal battle will hinge on the definition of "subject to the jurisdiction thereof" in the 14th Amendment. Historically, the 1898 Wong Kim Ark decision established that this includes children of non-citizens, provided the parents are not diplomatic agents.
The order specifically targets the B-1 and B-2 visa application process by requiring proof of intent. It shifts the burden of proof to the traveler to show they are not coming specifically for birth tourism.