The White House Is Trying to Rewrite the Constitution via Executive Order Again

(SeaPRwire) –   By: Julian Holbrooke

US President Donald Trump has signed two executive orders attempting to restrict birthright citizenship, pushing forward with a narrow interpretation of the 14th Amendment. The White House insists these new measures protect the meaning of American citizenship, arriving on the heels of an earlier initiative launched in January 2025. That initial effort sought to deny automatic citizenship to certain children born on US soil to immigrant parents, but the Supreme Court struck it down in June.

The first executive order expands the categories of children who fail to qualify for birthright citizenship under the administration’s legal framework. Existing exceptions already exclude children of foreign diplomats, those born to enemy forces occupying US territory, and individuals born in American Samoa under current federal law. Trump’s latest order adds children whose parents belong to organizations designated as terrorist groups to this exclusion list. It also targets cases involving alleged commercial transactions or fraudulent activity intended to secure US citizenship for a child, alongside broader restrictions impacting the children of specific foreign workers.

The second order directs the US State Department and the Department of Homeland Security to aggressively step up enforcement against birth tourism. The administration characterizes this as a thriving global industry that profits by helping individuals evade American immigration laws. Federal regulations already prohibit obtaining a US visa by misrepresenting travel intentions, including the concealment of an intent to travel primarily to give birth. These executive actions represent a direct continuation of Trump’s central campaign themes regarding immigration reform during his second term.

Legal challenges are already materializing to contest these administrative changes. Cody Wofsy, deputy director of the American Civil Liberties Union and an attorney involved in the previous litigation over Trump’s birthright citizenship policy, stated that this latest attempt to rewrite constitutional guarantees will meet the same fate as the last one. As the legal battlegrounds shift back to the federal courts, the geopolitical pendulum swings firmly toward another high-stakes constitutional showdown over executive authority and foundational civil rights.

Author bio: Julian Holbrooke, an overseas international relations analyst who frequently contributes to major European daily newspapers on constitutional law and executive power dynamics.

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