Trump Signs New Executive Orders Targeting Birthright Citizenship & "Birth Tourism" After Supreme Court Defeat

Editorial Team
15 hours ago
4 min read

Updated: 3 hours ago

WASHINGTON, August 6, 2026 — President Donald Trump signed two executive orders on Thursday in a renewed effort to restrict birthright citizenship and crack down on so-called "birth tourism," just weeks after the Supreme Court struck down his broader attempt to end the 150-year-old constitutional guarantee.

The orders — titled "Continuing to Protect the Meaning and Value of American Citizenship" and "Ending Birth Tourism" — represent a narrower but still legally contentious approach to limiting automatic citizenship for children born on U.S. soil.

Published: August 7, 2026 | By VisasUpdate.com Editorial Team

Trump signs executive orders restricting birthright citizenship and banning birth tourism on August 6, 2026

The Legal Backdrop: Supreme Court's June 30 Ruling

On June 30, 2026, the U.S. Supreme Court ruled in Trump v. Barbara that the Citizenship Clause of the Fourteenth Amendment extends citizenship to children born to parents in the United States "for whom no extraterritorial fiction applie[s]". The 6-3 decision struck down Trump's January 2025 executive order that sought to broadly end birthright citizenship for children of non-citizens.

Chief Justice John Roberts wrote for the majority: "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."

Executive Order 1: "Continuing to Protect the Meaning and Value of American Citizenship"

The first executive order instructs federal agencies to withhold citizenship documents for children born in the U.S. to two non-citizen parents in four specific categories:

Category	Definition
Alien Enemies	Members of designated Foreign Terrorist Organizations (8 U.S.C. 1189) or Specially Designated Global Terrorists
Foreign Government Employees	Ambassadors, persons employed by foreign embassies/consulates, foreign government officials in an official capacity, and persons with international-organization immunity
Birth Tourism / Fraud	Parents who engaged in commercial transactions to purchase or access birthright citizenship, including surrogacy arrangements
U.S. Territories	Children born in territories or territorial waters where citizenship is not conferred by federal statute

Key Point: This is explicitly a "non-exhaustive" list, meaning the administration may add additional categories in the future.

The order also prohibits federal agencies from accepting documents issued by state or local governments purporting to recognize U.S. citizenship for these individuals. Executive agencies must issue implementing guidance within 30 days.

What's Different from the First Attempt?

The new order is significantly narrower than Trump's January 2025 order, which sought to deny citizenship to all children born to parents in the U.S. illegally or temporarily. The administration argues that this new directive falls outside the Supreme Court's ruling by focusing on "historical exceptions" to birthright citizenship rather than challenging the 14th Amendment directly.

Executive Order 2: "Ending Birth Tourism"

The second order directs the Secretaries of State and Homeland Security to halt the practice of birth tourism — defined as foreign nationals using temporary visas to enter the U.S. primarily to give birth so their child acquires citizenship.

Directive	Action
Visa Denials	Consular officers must deny visas to applicants whose primary purpose is to obtain citizenship for a child
Entry Refusal	DHS must refuse admission to birth tourists at ports of entry
Visa Revocation	Existing visas may be revoked
Permanent Ban	Individuals involved in birth tourism may face permanent entry bans

"As of the signing of this order, the practice of birth tourism is now prohibited. This means that no individual worldwide can obtain a visa for this deceptive purpose.— White House Deputy Chief of Staff Stephen Miller

A federal regulation implemented in 2020 already prohibits using temporary tourist and business visas for the primary purpose of obtaining U.S. citizenship for a newborn. The executive order appears designed to strengthen enforcement and codify this restriction at a higher policy level.

Impact on Visa Applicants & Foreign Nationals

Group	Potential Impact
Pregnant Travelers	Increased scrutiny; visa denial if primary purpose is birth
Foreign Government Employees	Children may no longer receive automatic citizenship
Parents with Terrorist Ties	Children ineligible for citizenship documents
Birth Tourism Facilitators	Potential prosecution, visa revocations, entry bans
Visa Applicants	Additional screening and documentary requirements

Legal Challenges Expected

The orders are almost certain to face immediate legal challenges. The ACLU has already signaled the orders are "doomed to fail in court".

"Only five weeks ago, the Supreme Court affirmed that birthright citizenship is a constitutional guarantee, not subject to the preferences of a president, and has been upheld for over 150 years. The current executive orders are merely an effort to circumvent that decision."— Deborah Fleischaker, former Biden administration official, now with UnidosUS

Legal experts note that while the president has some power to restrict entry, once a child is born in the United States, the president has no power to deny that child citizenship.

Quick Reference

Aspect	Details
Orders Signed	August 6, 2026
Order 1	"Continuing to Protect the Meaning and Value of American Citizenship"
Order 2	"Ending Birth Tourism"
Supreme Court Precedent	Trump v. Barbara (June 30, 2026)
Key Categories Affected	Terrorists, foreign officials, birth tourists, fraud cases
Legal Status	Likely to be challenged in court
Implementation Deadline	Agency guidance within 30 days