Trump’s Newest Unconstitutional, Dangerous Birthright Ban Must Be Stopped |
On August 6, five weeks after the Supreme Court rejected his first birthright ban, President Donald Trump signed two executive orders aimed at restricting birthright citizenship and ending “birth tourism.”
The first denies automatic citizenship to babies born in the US to two noncitizen parents if at least one of them is: an “alien enemy,” a member of a “Foreign Terrorist Organization” (FTO), a government employee, or has “engaged in fraudulent activity to obtain citizenship.” While the scope of this is technically narrower than his first birthright ban, it is ultimately vague enough that the Trump administration could effectively weaponize it against anyone.
Consider this: On his first day back in office, Trump signed an executive order designating Tren de Aragua (TdA) and La Mara Salvatrucha (MS-13) as FTOs. In March, Trump issued a proclamation declaring that all Venezuelan noncitizens 14 years or older who are members of TdA “are liable to be apprehended, restrained, secured, and removed as Alien Enemies.” The very same day, the administration announced the deportation of nearly 300 Venezuelan nationals it accused of being members of TdA.
Among these deportees were those whose only crime was having a tattoo that immigration officials had designated as a sign of gang affiliation. Such tattoos included: “stars on shoulder,” “crowns,” “firearms and grenades,” “trains and dice,” “roses and predatory felines,” gas masks, clocks, and even the iconic silhouette of Michael Jordan dunking—the Jumpman. Notably, unlike other gangs, TdA does not require its members to obtain any tattoos. The Trump administration simply used this as a pretext to deport innocent people to El Salvador’s notorious mega-prison, the Terrorism Confinement Center (CECOT).
No child is responsible for the circumstances of their birth—even if their parents are guilty of a crime, they are innocent.
Under this latest executive order, the US-born children of those accused of being a member of a FTO—no matter how baseless the allegation—would have their citizenship status jeopardized and more than likely denied. In doing so, it would pave the way for more family deportations. Notably, the Trump administration has already deported several US-born children along with their parents.
Moreover, while TdA and MS-13 are real organizations, the Trump administration has already designated at least one fictional group as a FTO: the Cartel de los Soles. In 2025, the State Department alleged that this organization was “headed by [Venezuelan President] Nicolás Maduro and other high-ranking individuals of the illegitimate Maduro regime.” This was a strategic lie. Like antifa, Cartel de los Soles is not a formal organization with a clearly defined leadership structure. Rather, experts describe it as a loose network of individuals broadly involved in the drug trade.
Nevertheless, that designation gave the Trump administration the pretext to invade Venezuela, kidnap Maduro, and put him on trial for his alleged narco-crimes. After his capture, the Department of Justice (DOJ) revised its indictment of Maduro and abandoned its claim that Cartel de los Soles is an actual organization. Whereas the old indictment made 32 mentions of the fictional cartel, the new one refers to it twice. It claims that Maduro, like former Venezuelan President Hugo Chávez, participated in, perpetuated, and protected this “patronage system.”
While the DOJ altered its indictment of Maduro, Cartel de los Soles is still formally classified as a FTO by the State Department.
Herein lies the real danger: The Trump administration lies and lies often. For an administration this corrupt and xenophobic, this new birthright ban offers it the ability to accuse any noncitizen, under whatever false pretenses, of being a member of a real or fictional organization to target their children. And, make no mistake, if the Supreme Court allows them, the Trump administration certainly will.
The other executive order aims at ending birth tourism, or the practice of traveling to another country to give birth, thereby allowing the........