Washington, Aug. 7, 2026: US President Donald Trump has signed two executive orders aimed at curbing birth tourism and restricting the categories of people eligible for birthright citizenship, weeks after the Supreme Court struck down his earlier directive on the issue.
One of the orders targets people involved in commercial “birth tourism”, while the other seeks to expand the categories of children who would be considered ineligible for birthright citizenship, including certain children of foreign government employees and foreign nationals.
The move comes after the US Supreme Court on June 30 struck down Trump’s earlier executive order seeking to end birthright citizenship, reaffirming the longstanding interpretation that nearly all people born in the United States are US citizens.
Speaking to reporters in the Oval Office after signing the new orders, Trump criticised the Supreme Court’s ruling and said the latest measures were aimed at making “adjustments.”
Trump cited the 14th Amendment, ratified in 1868, which grants US citizenship to people born or naturalised in the country. He argued that the provision was originally intended to grant citizenship to the children of former slaves but is now being exploited through commercial birth tourism.
White House Deputy Chief of Staff Stephen Miller said some people enter the US claiming to be tourists but actually intend to have a child there so the child automatically receives US citizenship.
The new orders list several categories of children who, according to the administration, should not receive citizenship documents. These include children whose mothers are brought to the US through commercial arrangements to give birth, children of members of terrorist organisations, children of certain foreign government employees and children born in US territories where citizenship is not granted by federal law.
Immigration experts have criticised the orders as unconstitutional. New York-based immigration attorney Cyrus Mehta argued that the definition of a “commercial transaction” was too vague and that the measure violated the 14th Amendment.
According to the Migration Policy Institute, estimates suggest that between 22,000 and 26,000 babies are born in the US each year as part of birth tourism, while government data recorded around 9,600 births in 2024 to mothers with foreign addresses.
The American Civil Liberties Union (ACLU) also said birthright citizenship is guaranteed by the Constitution and predicted that any executive order seeking to restrict it would face legal challenges.