Trump Signs New Executive Orders Targeting Birthright Citizenship, ‘Birth Tourism’
President Donald Trump signed two executive orders on August 6, 2026, aimed at narrowing birthright citizenship and blocking the practice of “birth tourism” — just weeks after the Supreme Court struck down his broader attempt to end automatic citizenship for children of undocumented immigrants. The new orders represent a more targeted approach to restricting who qualifies for U.S. citizenship at birth, focusing on specific categories of foreign nationals rather than attempting a blanket ban.
The first executive order targets birth tourism, which the White House defines as foreign nationals entering the United States on nonimmigrant visas with the primary purpose of giving birth on U.S. soil. The order directs the Secretaries of State and Homeland Security to deny or revoke visas and travel authorizations for individuals suspected of engaging in birth tourism, block entry or authorize deportation of foreign nationals participating in or planning birth tourism, and take action against operators — both in the U.S. and abroad — who organize or facilitate birth tourism schemes. The White House accused birth tourism operators of deceiving foreign nationals through advertisements encouraging them to travel to the U.S. to give birth, arguing that these schemes “undermine” the integrity of the U.S. immigration system. Exceptions apply for foreign nationals entering on humanitarian grounds or when their entry serves the national interest.
The second executive order expands the definitions of individuals whose U.S.-born children would not qualify for automatic citizenship. Under the new order, children are ineligible if their parents fall into any of several expanded categories. These include foreign government employees such as diplomats, consular officers, and employees of foreign governments or international organizations with immunity; designated Foreign Terrorist Organization members as well as “specially designated global terrorists”; individuals who engaged in fraudulent acts to obtain U.S. citizenship; “alien enemies” considered enemy aliens under U.S. law; and children born through commercial surrogacy arrangements or commercial transactions. The order also clarifies that children born in U.S. territories or territorial waters where federal law does not grant birthright citizenship are excluded from automatic recognition. Federal agencies including the State Department, Justice Department, Homeland Security, and Social Security Administration must issue implementation guidance within 30 days.
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These executive orders come after a major legal setback for the administration. On June 30, 2026, the U.S. Supreme Court voted 6-3 to reject Trump’s earlier executive order — signed on his first day back in office in January 2025 — which sought to deny birthright citizenship to children of undocumented immigrants or temporary residents. Chief Justice John Roberts delivered the majority opinion, stating that “Citizenship, then and now, was the right to have rights — to freely participate in our political community. The Framers of the Fourteenth Amendment extended that promise to ‘every free-born person in this land’ … We keep that promise today.” The Court upheld the long-standing interpretation of the 14th Amendment, which states that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” The ruling reaffirmed the precedent set by the 1898 case United States v. Wong Kim Ark, which established that virtually all children born on U.S. soil are citizens — with only narrow exceptions such as children of foreign diplomats or enemy occupying forces.
Speaking from the Oval Office as he signed the new orders, Trump described the Supreme Court decision as “very unfortunate.” He stated, “We had a very unfortunate decision in the Supreme Court concerning birthright. It was close, but a very, very unfortunate decision. So we’re making adjustments because it’s very unfair.” Trump also called the previous situation “a disgrace,” arguing that wealthy individuals are building businesses around birthright citizenship and exploiting the system. He remarked that “Wealthy people are building businesses around birthright citizenship. That’s not the way it was supposed to work.” Following the Supreme Court defeat, Trump had announced he would seek to address birthright citizenship through Congress. The new executive orders represent a shift to a more targeted administrative strategy.
There are no official government statistics on birth tourism. However, a 2020 analysis by the Center for Immigration Studies — which supports lower levels of immigration — estimated that between 20,000 and 25,000 women entered the U.S. for birth tourism between 2016 and 2017. Trump has claimed the number could be much higher, stating that “hundreds of thousands” of children may be obtaining citizenship through birth tourism annually.
The new executive orders are expected to face legal challenges, similar to the previous effort. Constitutional scholars have noted that the 14th Amendment’s Citizenship Clause has long been interpreted broadly, and any attempt to narrow its application — even in specific categories — is likely to be tested in court. The administration argues that the new orders are more narrowly tailored and therefore constitutional, focusing on specific scenarios rather than attempting a blanket denial of citizenship.
In summary, two new executive orders were signed August 6, 2026, following a Supreme Court defeat on a broader birthright citizenship ban. Birth tourism is targeted, with foreign nationals entering on nonimmigrant visas to give birth facing possible visa denials, entry blocks, or deportation. Expanded ineligibility now includes children of foreign government employees, terrorist organization members, and those who committed citizenship fraud. The Supreme Court ruled 6-3 against the administration’s earlier order on June 30, 2026, and legal challenges are expected as the new orders test the limits of the 14th Amendment.