Trump Signs New Executive Orders Targeting Birth Tourism and Birthright Citizenship

President Donald Trump signed two executive orders on August 6, 2026, renewing his administration’s effort to restrict certain forms of birthright citizenship following a major Supreme Court defeat earlier this summer.

The new executive orders, “Ending Birth Tourism” and “Continuing to Protect the Meaning and Value of American Citizenship,” take a narrower approach than the administration’s original 2025 birthright-citizenship order.

The action comes after the Supreme Court’s June 30 decision in Trump v. Barbara. The Court held that children born in the United States to parents who are unlawfully present or only temporarily present in the country are “subject to the jurisdiction” of the United States and therefore are U.S. citizens at birth under the Fourteenth Amendment.

Executive Order Targets “Birth Tourism”

The first new order, “Ending Birth Tourism,” focuses primarily on immigration enforcement rather than directly redefining citizenship.

The order defines “birth tourism” as a foreign national entering the United States on a nonimmigrant visa for the purpose of giving birth in the United States. It also covers individuals or organizations that facilitate such travel. The administration argues that some foreign nationals misuse temporary visa classifications to enter the country specifically so their children will obtain U.S. citizenship.

The order gives the government broad authority to take measures against suspected birth-tourism activity including denying visas or admission, revoking travel authorization, removing individuals who participated in birth tourism, and potentially permanently barring individuals from entering the United States. The government may also take action against businesses or individuals that facilitate birth-tourism arrangements. Humanitarian and national-interest exceptions are permitted.

For foreign nationals traveling while pregnant, the practical impact will depend heavily on the regulations and guidance issued by the State Department and DHS, including how officers determine whether a person’s primary purpose for traveling is to give birth.

Second Order Addresses Citizenship Itself

The second executive order goes further by directing federal agencies not to recognize U.S. citizenship in several specified circumstances when neither parent is a U.S. citizen.

The order identifies several categories, including children whose parent is classified as an “alien enemy,” certain children of foreign government employees, and situations in which parents allegedly entered into a commercial transaction designed to obtain birthright citizenship.

Notably, the order expressly includes commercial arrangements in which parents pay to ensure that a mother is present in the United States to give birth. It also reaches certain commercial surrogacy arrangements involving a surrogate located in the United States or a U.S. territory.

The order directs federal agencies to align their policies with the directive. Agencies must issue public implementation guidance within 30 days.

More Litigation Is Likely

The central legal question is whether the government’s new, narrower categories fall within the exceptions to the Fourteenth Amendment recognized by the Supreme Court—or whether they improperly create new exceptions through executive action.

The Supreme Court’s June decision rejected the administration’s broader attempt to deny citizenship based simply on a parent’s unlawful or temporary immigration status. The Court held that children born in the United States to those parents are citizens at birth.

The Trump administration argues that the new orders deal with different circumstances, including individuals allegedly outside the traditional understanding of complete U.S. jurisdiction and people participating in commercial schemes designed specifically to obtain citizenship. Critics argue that these actions are unlawful and are likely to face additional legal challenges in the near future.

What This Means for Foreign Nationals

The immediate consequences of the orders may be felt most strongly in the visa and admission process. Foreign nationals suspected of traveling primarily to give birth could face increased questioning at U.S. consulates and ports of entry, visa denials or revocations, and potentially serious future immigration consequences.

The citizenship provisions present a more complicated issue. Federal agencies have been given 30 days to publish implementation guidance, and litigation could affect whether—and to what extent—the new citizenship restrictions ultimately take effect.

For now, the orders represent the administration’s latest attempt to narrow birthright citizenship while testing the boundaries of the Supreme Court’s June 2026 ruling. The coming weeks are likely to bring important agency guidance as well as new court challenges that may determine how much of these directives can be legally enforced.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

Helpful Links

JOIN OUR NEW FACEBOOK GROUP

Need more immigration updates? We have created a new facebook group to address the impact of the new executive orders and other changing developments. Follow us there!