特朗普政府近期签署两份行政令，旨在限制美国出生公民权的适用范围并打击生育旅游现象[1][2]。这一举措是在美国最高法院数月前驳回特朗普首次挑战出生公民权的尝试后做出的[2]。新行政令扩大了被认定为不符合出生公民权的非公民父母定义，包括恐怖组织成员、外国政府雇员以及通过欺诈手段试图获得公民身份的人员其子女[2][3]。
针对最高法院的裁决，特朗普表示该决定"非常不幸"和"非常不公平"，并称"我们正以不同的方式来结束它"[2]。特朗普顾问、移民政策架构师斯蒂芬·米勒声称该行政令"确保大量本不应获得出生地公民权的人将不再符合条件"[2]。
关于生育旅游的规模，各方数据存在较大差异。特朗普声称"数十万"婴儿通过生育旅游在美国出生[3][4]，但美国疾病控制与预防中心2024年的数据显示仅约9,600名婴儿出生于地址在美国境外的外国母亲[4]。相比之下，美国移民政策研究所估计每年有20,000至26,000名婴儿因生育旅游在美国出生[2]。批评人士指出特朗普的数字估计"似乎被高估了"[4]。美国民权联盟移民权利项目副主任沃夫西表示"最高法院已经考虑过特朗普政府重写宪法的请求并拒绝了它"[4]，暗示新行政令可能面临法律挑战。
President Trump has signed two executive orders aimed at limiting birthright citizenship and curtailing birth tourism in the United States.[1][2] The orders expand the categories of non-citizen parents whose children would be ineligible for citizenship at birth, and direct the State Department and Department of Homeland Security to strengthen enforcement against birth tourism.[3] This represents a renewed attempt by Trump to restrict birthright citizenship protections following the Supreme Court's rejection of his earlier challenge to the Fourteenth Amendment.[1][2]
The first executive order targets children of terrorist organization members and those representing foreign governments, while the second specifically prohibits birth tourism—the practice of obtaining a visa to enter the United States for the purpose of giving birth to secure citizenship for the child.[2] The orders also address additional categories of ineligible parents, including federal employees of foreign governments, those attempting to obtain citizenship through fraud, and residents of unincorporated U.S. territories without federal citizenship rights.[3] Trump stated that the Supreme Court's previous 6-3 decision rejecting his constitutional challenge was "very unfortunate" and characterized it as "a bad decision, a very unfair decision" that harmed the nation.[2]
Regarding the scale of birth tourism, significant disagreement exists among sources. Trump claims "hundreds of thousands" of babies are born through birth tourism annually.[3][4] However, data paints a much smaller picture. The Centers for Disease Control reported approximately 9,500 to 9,600 babies were born to foreign mothers in the United States in 2024, representing roughly 0.25 percent of total U.S. births.[3][4] The Migration Policy Institute provides a higher estimate, suggesting 20,000 to 26,000 babies are born annually through birth tourism, accounting for approximately 0.5 to 0.7 percent of total births.[1][3][4]
Trump advisor and immigration policy architect Stephen Miller claimed the orders would "ensure that large numbers of people who should not have been eligible for birthright citizenship will no longer be eligible."[2] However, legal experts have raised concerns about the orders' viability. The ACLU's immigration rights project noted that "the Supreme Court has already considered the Trump administration's request to rewrite the Constitution and rejected it."[4]