WASHINGTON, D.C. — When the Supreme Court ruled in June that the Fourteenth Amendment means what it says, most presidents would have taken the loss and moved on. President Trump instead did what he always does: he took the ruling, read it very closely, and signed two executive orders on Thursday that turn a constitutional setback into a roadmap for getting the job done anyway.
The Court’s 6-3 decision in Trump v. Barbara held that children born on American soil are citizens even if their parents are in the country illegally or temporarily. Five justices, in an opinion by Chief Justice Roberts, said the Citizenship Clause of the 14th Amendment “extends citizenship to children born to parents in the United States.” A reasonable president reads that sentence and sighs. President Trump read it and noticed something the media missed: the Court protected some births. It did not say a word about the others.
Enter the first executive order. It identifies, in the administration’s words, “certain categories of children of aliens who are not entitled to birthright citizenship” — children of alien enemies, members of foreign terrorist organizations, and people who lobby or act on behalf of foreign governments. The order is, crucially, “non-exhaustive.” That is Washington for: the Court gave us a list of who’s definitely protected, and we are going to work our way down the rest of the alphabet.
The second order takes aim at so-called “birth tourism” — travelers who come to the United States for the primary purpose of giving birth on American soil. It directs the Departments of Homeland Security and State to crack down on the practice, which immigration hawks have called a loophole for years. And here is the beautiful irony the liberal media refuses to acknowledge: the Supreme Court’s ruling didn’t close that loophole — it threw it wide open. Before June, a birth-tourist couldn’t be sure her child would get citizenship. Now, thanks to the Court, she can be certain. The President is simply closing the door the justices left ajar, and anyone who objects is objecting to common sense.
Critics have already promised lawsuits, and legal experts note the orders will face an immediate court challenge. But that is exactly the point. The President is not afraid of the courts. He is giving them a second chance to agree with him. ABC News reports the orders were signed Thursday, and already the administration’s lawyers are sharpening the same arguments — this time with the Supreme Court’s own language as their guide.
THE NEW CITIZENSHIP MATH: WHO'S IN, WHO'S OUT
- Protected by the Court: Every child born on American soil to parents present in the United States. The Court was very clear about this.
- Covered by Order No. 1: Children of alien enemies, foreign terrorist organization members, and foreign-government lobbyists. "Non-exhaustive" means the list is open for additions.
- Covered by Order No. 2: Anyone who flew here for the primary purpose of having a baby. The State Department is reportedly developing a "primary purpose" questionnaire with 47 questions, including "why did you pack a onesie?"
- Status of the Fourteenth Amendment: Fully intact. The President has said so himself. It protects the people it protects, and everyone else should read more carefully.
- Likely next step: A third executive order, reportedly titled "Preserving the Meaning and Value of American Citizenship, Part II: The Babies."
The genius of the approach is its humility. The President is not claiming the power to rewrite the Constitution. He is simply identifying, in painstaking detail, the people the Constitution forgot to mention. That is not executive overreach. That is customer service.
At press time, the administration had announced it would release an illustrated pamphlet explaining the new citizenship rules to expectant mothers, “for their convenience,” with a cover image of the Statue of Liberty holding a clipboard.