WRC Statement on Administration’s Birthright Citizenship Executive Orders
Washington, DC — Women’s Refugee Commission (WRC) expresses grave concern about the Trump administration’s Executive Orders on birth tourism and American citizenship. These Executive Orders risk undermining the core promise of the Constitutional guarantee of birthright citizenship for all children born on US soil, reaffirmed by the Supreme Court in Trump vs. Barbara.
“The Executive Orders give government agencies nearly unfettered discretion to determine which children born on US soil are recognized as citizens,” said Zain Lakhani, Director of Migrant Rights and Justice for Women’s Refugee Commission. “Attempting to restrict citizenship for US-born children of immigrant parents is a violation of the Constitution’s clear promise and the recent ruling Supreme Court ruling.”
Existing law narrowly defines the circumstances under which a child born on US soil would not qualify for US citizenship, such as in the case of being the children of diplomats. These Executive Orders attempt to limit citizenship for US-born babies that far exceed these narrowly defined legal categories. They also give the Department of Homeland Security the right to deny entry to pregnant women they suspect of birth tourism, or entering the US solely to give birth, without any clear guidelines as to how those determinations will be made. As written, the Executive Orders could lead to violations of existing legal rights for those most vulnerable and leave pregnant migrants who have a legal right to enter unable to do so.
WRC has advocated for policies that ensure equal access to citizenship documents for all children born to noncitizen parents, including pregnant women in immigration detention. We have also worked to ensure that pregnant women do not face discrimination at Ports of Entry. WRC will continue to work alongside families, communities, and lawmakers to ensure that the Constitution’s guarantees remain real in practice for all children. Citizenship is only equal if it is equal for everyone.