Right of birth and blood in nationality law
President Donald Trump has signed two executive orders that narrow who can claim birthright citizenship, targeting birth tourism and expanding exclusions for certain foreign-affiliated parents. The measures follow a June Supreme Court ruling that struck down a broader Trump effort; legal experts and critics say the new orders will face immediate court challenges.
The State Department has revoked more than 175,000 visas under the Trump-era crackdown, citing law-enforcement encounters and national-security concerns. The moves highlight a tightening of screening, including birth-tourism concerns, and present a challenge to migrants and those seeking studies, exchange programs and journalism access.
The government has appealed via the U.S. Court of Appeals for the Federal Circuit, arguing that universal injunctions cannot align with CASA after a Supreme Court ruling last year. The majority of tariff refunds have already been paid; hundreds of orders have been issued by the Court of International Trade, and tens of thousands of importers may pursue further relief within the statute of limitations.
The State Department has said it will revoke B‑1 and B‑2 business and tourist visas issued between 2016 and 2026 for people who have sought or are seeking asylum. The action, coordinated with DHS and described as rolling, would reclassify many pending asylum holders and would not necessarily cause immediate deportations; officials expect legal challenges.
A Maryland judge has issued a preliminary injunction against President Trump’s August order restricting birthright citizenship, citing the Supreme Court’s Barbara v. Trump decision that children in the certified class are citizens at birth. The White House is likely to face ongoing legal challenges as suits proceed.
The Supreme Court has issued orders and statements reflecting tension over its voting rights and campaign-finance rulings ahead of the midterm elections. Justice Kagan has criticized the court’s impact on democracy, noting increased polarization and a more partisan environment.