Trump Seeks to Restrict Birthright Citizenship With New Orders

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US President Donald Trump speaks after signing executive orders in the Oval Office of the White House in Washington, D.C., on August 6, 2026. (Photo by ) —Jim Watson—AFP/Getty ImagesThe U.S. Supreme Court rejected Donald Trump’s previous attempt to impose restrictions on birthright citizenship, but the President hasn’t stopped trying to reinterpret the constitutional guarantee to advance his restrictive immigration agenda.In the Oval Office on Thursday, Trump signed two new executive orders on immigration—one that would exclude specific categories of U.S.-born children from getting automatic citizenship, and another that would authorize visa and entry restrictions for “birth tourism.”The new orders have a narrower scope than the previous sweeping order issued immediately after Trump returned to the White House. The earlier order said babies born in the U.S. who don’t have at least one U.S. citizen or lawful permanent resident parent are not granted automatic citizenship. But the Supreme Court on June 30 struck down that order, saying it couldn’t be reconciled with the 14th Amendment.“It was close, but a very, very unfortunate decision,” Trump said of the ruling Thursday. “So we’re making adjustments because it’s very unfair.” One of the new orders applies to children with non-citizen parents, with at least one of those parents being an “alien enemy,” a foreign government employee working for a foreign government while in the U.S., or someone who “engaged in a commercial transaction to purchase or access birthright citizenship.” Children of foreign diplomats are already excluded from birthright citizenship, and the new order broadens the covered categories.The order also restricts birthright citizenship for anyone born to non-citizen parents in a U.S. territory or territorial waters where citizenship is not conferred by federal statute, such as American Samoa. (Major U.S. territories like Puerto Rico and Guam confer birthright citizenship by federal statute, though one House Republican has introduced a bill to end birthright citizenship for territories.)The other order singles out the practice of foreign pregnant women visiting the U.S. to give birth, ordering the Secretary of State and the Secretary of Homeland Security to take action and  create rules to prevent any foreign national from trying to enter the U.S. to engage in “birth tourism” or to remove such persons if necessary.It’s unclear how successful the President’s latest attempt may be.When asked Thursday whether he believes his new executive orders will survive constitutional scrutiny, the President said, “I think it will.”Cracking down on ‘birth tourism’ To enforce the “birth tourism” order, Trump said Thursday there will be “very big crackdowns.” The President claimed certain individuals were either “buying their way in” the U.S. or “building businesses” off the country’s birthright citizenship law.White House deputy chief of staff Stephen Miller said “birth tourism” has been a problem for decades. “People come here pretending to be a tourist, pretending to be a visitor, saying they want to go to Disneyland, they want to go visit a monument or go to a national park, but the real reason they’re here is to have a child, to make that child an automatic citizen, leave our country, and then have a U.S. citizen child,” Miller said at the signing ceremony.No official figures tally “birth tourism.” Government data show fewer than 10,000 births in the U.S. to mothers with foreign addresses in 2024, but an April 2026 article by D.C.-based think tank Migration Policy Institute says that census-based estimates put “birth tourism” at 22,000 to 26,000 babies born annually in the country.Organized “birth tourism” operations have been reported in the past. In a letter to the Secretaries of Homeland Security and the Interior earlier this year, Republican legislators raised concerns over Chinese mothers-to-be visiting  the Commonwealth of the Northern Mariana Islands, the archipelagic U.S. territory in the Pacific, as a “birth tourism” destination.Trump’s first-term Administration already cracked down on “birth tourism” through a 2020 rule that allowed the State Department to deny tourism visas to an applicant it has “reason to believe intends to travel” for that reason. That rule, according to a 2022 minority report from the Senate Committee on Homeland Security and Governmental Affairs, made it more difficult for “birth tourism” companies to continue operating in the country.Border czar Tom Homan told Fox News in April that “birth tourism” from geopolitical adversaries Russia and China specifically posed a “significant national security threat.”The Migration Policy Institute article, like other observers and critics of the crackdown, pointed out, however, that birth tourism is “rare” and gets ‘outsized public attention and legal scrutiny” relative to its scale. For context, the U.S. saw an estimated 3.6 million total births in 2025.Legal challenges aheadTrump’s new orders are expected to face legal challenges, with critics and immigration rights advocates already pointing to the Supreme Court’s June ruling. “The Supreme Court already decided this issue: Birthright citizenship is guaranteed by the Constitution,” Cody Wofsy, deputy director of the American Civil Liberties Union’s Immigrants’ Rights Project, said in a statement. “No additional executive order can change the meaning of the Constitution. Any executive order that tries to rewrite birthright citizenship will meet the same fate as the last one.” A handful of Democratic lawmakers also voiced their opposition to the order. Sen. Alex Padilla of California posted on social media that “Trump doesn’t understand the Constitution—but the 14th Amendment’s promise of birthright citizenship and equality speaks for itself.” Sen. Ruben Gallego of Arizona wrote that “even our extremist Supreme Court ruled it’s not up for debate.”But even some immigration advocates and observers have suggested the Supreme Court’s latest ruling on birthright citizenship didn’t necessarily close the door on the issue.