President Donald Trump, alongside White House Deputy Chief of Staff Stephen Miller, delivers remarks during a signing event for executive orders aimed at restricting birthright citizenship and regulating the polysilicon industry, held in the Oval Office at the White House in Washington, D.C., on August 6, 2026. — Reuters
– Trump signs two executive orders following a defeat at the Supreme Court.
– The new policy bans birth tourism.
– These orders impact children of foreign officials working in the U.S. and children of individuals labeled as enemy aliens.
President Donald Trump issued two executive orders on Thursday, seeking to narrow the scope of birthright citizenship—a move that challenges a constitutional guarantee despite previous rejection by the Supreme Court.
Reducing birthright citizenship has been a key priority in Trump’s immigration enforcement efforts, especially targeting what he calls “birth tourism,” where expecting foreign nationals come to the U.S. to give birth.
After facing a setback in the Supreme Court on June 30, Trump called on Congress to legislate changes but proceeded via executive orders, which establish policies but lack the force of law enacted by Congress.
The Supreme Court previously declared Trump’s earlier executive order unconstitutional, which broadly targeted illegal and temporary immigrants.
The current orders claim to operate outside that ruling by reinterpreting the narrow historical exceptions to birthright citizenship and expanding disqualifications.
“At the signing of this order, the practice of birth tourism is officially banned,” White House aide Stephen Miller announced during the signing ceremony.
A 2020 analysis by the Center for Immigration Studies estimated that between 20,000 and 25,000 women traveled to the U.S. annually for birth tourism in 2016-2017.
In 2025, the U.S. recorded about 3.6 million births.
The newly signed executive orders also restrict rights for children born to foreign government employees in the U.S. and offspring of individuals classified as enemy aliens.
There is speculation that the orders could impact births in U.S. territories if Congress moves forward with legislation to end automatic citizenship there.
Legal experts see potential challenges ahead, questioning how effective the orders will be given prior Supreme Court decisions, while immigrant advocates describe them as attempts to sidestep judicial rulings. The ACLU predicts they are unlikely to withstand court scrutiny.
“Just five weeks ago, the Supreme Court reaffirmed that birthright citizenship is a constitutional right, not subject to presidential whim. These executive orders attempt to bypass that ruling,” stated Deborah Fleischaker, a Biden administration official now affiliated with UnidosUS, a Hispanic civil rights organization.
Zain Lakhani of the Women’s Refugee Commission expressed concern that the orders could infringe on the rights of pregnant women seeking lawful entry, especially during a vulnerable time, urging the government to develop guidelines respecting Supreme Court decisions.
In the Oval Office, Trump criticized the June 30 Supreme Court ruling as a “very unfortunate decision,” criticizing birth tourism practices and insisting such operations are being used to manipulate immigration laws.
“That’s not how it’s supposed to work. It’s a disgrace. People are buying their way in, and we won’t allow it,” he said.
Trump’s initial executive order, signed on his first day in office in 2025, directed agencies not to recognize citizenship for children born in the U.S. if neither parent was a citizen or legal resident, thus excluding children of illegal or temporary immigrants.
The 14th Amendment has historically been understood to confer citizenship to nearly all children born in U.S. territory, with narrow exceptions such as children of foreign diplomats or military enemies.
“This was originally done after the Civil War, meant to grant citizenship to children of freed slaves. And now?” Trump questioned.
While explicit statistics on foreigners coming to the U.S. solely to give birth are unavailable, Chief Justice John Roberts reaffirmed in the Supreme Court decision that the 14th Amendment guarantees citizenship to all born here, extending that promise to every free-born individual.
“Citizenship means having rights,” Roberts wrote. “And we uphold that promise today.”
The Citizenship Clause states: “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.”


