WASHINGTON — President Donald Trump on Thursday signed a pair of executive orders aimed at restricting birthright citizenship in specific cases and ending the practice known as birth tourism, marking a narrower approach after the Supreme Court rejected a broader attempt earlier this summer.
The orders, signed in the Oval Office on August 6, 2026, come roughly five weeks after the high court’s June 30 decision in Trump v. Barbara. In that ruling, the Court held that the Citizenship Clause of the 14th Amendment grants citizenship to children born in the United States to parents for whom no “extraterritorial fiction” applies. The decision struck down an executive order Trump issued on his first day in office in January 2025 that sought to deny automatic citizenship to children of parents who were in the country illegally or on temporary visas.
Trump described the Supreme Court outcome as “a very unfortunate decision” and “very unfair.” He said the new actions represent “adjustments” to pursue the same goal through different means. “Our country suffers because of it, and we’re ending it a different way,” he told reporters during the signing ceremony.
The first order, titled “Continuing to Protect the Meaning and Value of American Citizenship,” directs federal agencies not to issue or accept documents recognizing U.S. citizenship for certain individuals born in the United States when neither parent is a citizen. It lists several categories the administration says fall outside the Supreme Court’s interpretation of the 14th Amendment.
These include cases in which either parent is an “alien enemy,” defined to cover members of designated foreign terrorist organizations or specially designated global terrorists. It also covers children of foreign government employees, expanding beyond traditional diplomats to include embassy and consular staff who are nationals of the foreign country, other official foreign government employees, and employees of international organizations who hold immunity. Additional categories involve parents who engaged in a commercial transaction to secure the mother’s presence in the United States or a territory for the purpose of giving birth, or who used a surrogate in the United States for that purpose, as well as births in U.S. territories where federal statute does not confer citizenship.
White House officials framed the order as consistent with historical exceptions to birthright citizenship that the Supreme Court recognized, such as those involving diplomats or invading forces. The order requires the Secretaries of State, Homeland Security, and other relevant agency heads to align their policies accordingly and issue public guidance within 30 days.
The second order focuses on “Ending Birth Tourism.” It delegates presidential authority under the Immigration and Nationality Act to the Secretaries of State and Homeland Security. Those officials are directed to deny visas, revoke travel authorizations, bar entry, and remove foreign nationals who travel to the United States primarily to give birth so their children can obtain citizenship.
White House Deputy Chief of Staff Stephen Miller, who spoke at the ceremony, said the practice of birth tourism is “hereby banned.” He argued that it allows noncitizens to access welfare benefits, eventual voting rights, and other privileges of citizenship through what the administration calls fraudulent means. Trump claimed hundreds of thousands of people engage in the practice annually, though independent estimates have been substantially lower. A 2020 analysis by the Center for Immigration Studies put the figure in the range of 20,000 to 25,000 mothers in a recent year-long period. Broader data from the Migration Policy Institute and Census figures indicate far fewer cases relative to overall U.S. births.
Birthright citizenship has long been grounded in the 14th Amendment’s declaration that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” The Supreme Court’s 1898 decision in United States v. Wong Kim Ark established that this generally includes children of noncitizen parents who are subject to U.S. laws. The traditional exceptions have centered on children of foreign diplomats and members of invading armies.
Legal experts and advocacy groups immediately indicated the new orders are likely to face court challenges. Some provisions, such as those involving traditional diplomatic staff, track established exceptions. Others, particularly the expansions to foreign government employees more broadly, commercial birth arrangements, and enforcement mechanisms, raise questions about the limits of executive authority to interpret the 14th Amendment. Constitutional scholars have noted that the narrower framing may allow some elements to survive scrutiny while others could be blocked.
The orders do not apply retroactively to individuals already recognized as citizens and do not affect children who have at least one U.S. citizen parent. Implementation will depend on agency guidance and any subsequent litigation. Trump has also called on Congress to pass legislation addressing birthright citizenship more comprehensively, though the new executive actions represent the administration’s immediate path forward.
The dual orders revive a long-standing debate over the scope of the 14th Amendment and the balance between constitutional guarantees and executive control of immigration policy. Supporters view them as necessary steps to protect the value of American citizenship against exploitation. Critics contend they test the boundaries of a settled constitutional principle and invite further legal confrontation.
