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The u-s president has signed two executive orders in a new attempt to curtail birthright citizenship. This has been one of the top priorities in Donald Trump's crackdown on immigration and comes after the supreme court rejected his previous effort. Professor Gabriel Chin is an expert on immigration law with the University of California.

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00:01The Constitution says that all persons born or naturalized in the United States and subject to
00:06the jurisdiction thereof are citizens of the United States. And the Supreme Court has held
00:11that that means that almost everybody born in the United States is a citizen, the exceptions being
00:18children of accredited foreign diplomats and children of enemy troops in hostile occupation
00:24of U.S. territory, which has not been a problem for quite some time. There is another category of
00:31people who are not subject to the jurisdiction of the United States, and that is Indians born
00:37on reservations in so-called tribal relations. But in 1924 Congress passed a statute giving such
00:45persons citizenship. So really there was a very limited category of people who were not citizens.
00:55Children of diplomats and children of enemy troops.
00:58Well, Donald Trump has signed two executive orders now to crack down on who is eligible
01:04for birthright citizenship. What did they outline?
01:08Well, the first executive order, which he signed on January 20th, 2025, denied birthright citizenship
01:15to children of undocumented migrants and children of certain nonimmigrant, noncitizens who had legal status,
01:28but it was a temporary status, like student visa holders or people on temporary work visas.
01:33And the Supreme Court in Trump versus Barbara in June said that that executive order was unconstitutional.
01:41And it said, again, that the only categories of people who were not citizens were children of enemy
01:48troops and children of foreign diplomats. In response to that, today he signed a new executive order,
01:55which says, all right, but I'm going to tell you
02:00more about who I think are enemy troops and who are foreign diplomats.
02:05And so today's executive order says that enemy aliens in general, not just enemy troops and hostile
02:12occupation, are not U.S. citizens, that their children are not U.S. citizens. And in particular,
02:20he identified children of foreign terrorists. So if somebody's parent is a foreign terrorist,
02:28and they're born in the United States according to this executive order,
02:31they're not going to be treated as a citizen. And the other category is, in addition to accredited
02:38diplomats, employees of international organizations, employees of foreign embassies and consulates,
02:47if they are not citizens, then their children are not going to enjoy birthright citizenship,
02:53according to this executive order. The executive order also
02:57also restricts citizenship to people born in U.S. territories, like Puerto Rico, which is not a
03:05state, but it's a territory of the United States. And such persons born there have citizenship by statute,
03:12by law, but not necessarily by the Constitution. And the executive order says that those people are only
03:22going to have citizenship to the extent that a statute provides.
03:28So is it clear how these new executive orders could be enforced?
03:36It is not clear. There's likely to be constitutional challenges to them based on the Trump versus
03:43Barber decision in June. It's likely that they will be held unconstitutional.
03:52Another thing that the birthright citizenship order today did is that it said children of people who
03:58come here for purposes of birth tourism are not going to be citizens. And a separate executive order was
04:05signed today, which expanded enforcement and exclusion policy for people coming here for the purpose of
04:13of so-called birth tourism, which is the alleged phenomenon that people from around the world are
04:21coming to the United States to take advantage of the birthright citizenship policy, have their kids in
04:26the United States so that their children will be U.S. citizens. And there is an immigration restriction
04:34on people who are coming to the United States primarily for the purpose of getting citizenship for
04:39their children. That's not permitted. And enforcement against that is going to be enhanced in various
04:47ways through the law enforcement apparatus that exists to enforce the immigration laws.
04:54So, I mean, Donald Trump has been making claims that people are building businesses around this birth
04:59tourism approach. Is there some validity here?
05:05Well, I think there are a few small businesses that do that. Specialized travel agencies,
05:12you might call them. For the most part, people who do this are people of means, because you can't just
05:21fly to the United States and get expensive health care and expensive accommodations unless you have
05:28money in your pocket. But all the research that I've seen says that it's an unusual phenomenon. There
05:35aren't a lot of people coming to do it, a few hundred, a few thousand a year, maybe 10,000.
05:43And we have
05:44millions of people born in this country every year. So it's really a drop in the bucket. And maybe it's
05:51something that should be discouraged, but it's not a social problem for this country. It's not something
05:58that is creating negative impacts that I am aware of.
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