What is the 'birth tourism' Donald Trump is talking about?
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Who is a US citizen? For more than 150 years, what decided this was one principle - whether a person was born in the country or not. But now, the Trump administration is trying to limit who can become an American. A pair of executive orders issued this week attempt to place restrictions on birthright citizenship and on foreigners who give birth in the US. One of them is about 'birth tourism'.
"Birth tourism operators use deceptive advertisements and inducements to entice foreign nationals to travel to the United States for the purpose of giving birth on American soil," the order says.
Here's what you need to know.
The executive orders
The two executive orders are as follows:
1) Birthright Citizenship
Birthright citizenship is guaranteed under current law for anyone born on US soil, with a few exceptions. The executive order released on Thursday focuses on restricting automatic citizenship to specific categories of people, including:
a) Children of certain foreign officials
b) People classified as 'alien enemies'
c) Members of foreign terrorist groups
d) People whose immigration statuses were obtained through fraud.
2) Birth tourism
Donald Trump's executive order defines birth tourism as someone who enters the United States on a 'nonimmigrant visa for the purpose of giving birth on American soil.'
It is already considered fraud and grounds to restrict a visa if someone seeks one specifically to come to the US and obtain citizenship for a child.
Advocates said the executive order would give immigration officers discretion to deny entry to pregnant women suspected of wanting to give birth in the US without providing clearly defined guidelines. Although there's no official estimate of how many births can be considered 'birth tourism' cases, experts say Trump's approximation is exaggerated.
'Birth tourism' facilitators are targeted
The order says 'birth tourism operators' that helped women hide their pregnancies while travelling to the United States to give birth would be brought to book. Apparently, they promise citizenship; access to public benefits; and short-term stays in specialised facilities, hotels, or rentals, but often fail to deliver on these promises. The order says these operators coach their clients to misrepresent the purpose and duration of their travel to consular and border officials to obtain visas authorising entry into the United States.
Will the orders survive Supreme Court scrutiny?
Advocates against the proposed changes said they believe the constitutional amendment and Supreme Court decisions will again stop the administration's efforts to restrict birthright citizenship. In June this year, the court had already ruled against a broader order to end birthright citizenship, quoting the 14th Amendment of the US Constitution.