President Donald Trump signed two new executive orders on August 6, 2026, targeting birthright citizenship and birth tourism practices in the United States.
The orders come after the Supreme Court struck down a broader 2025 executive order on birthright citizenship in a 6-3 ruling on June 30, 2026.
The Supreme Court’s decision in Trump v. Barbara reaffirmed that birthright citizenship is constitutionally guaranteed, dealing the administration a significant legal setback.
The two new orders are written more narrowly than the one the Court rejected, targeting specific defined categories rather than broadly reinterpreting citizenship eligibility.
The first order, titled “Continuing to Protect the Meaning and Value of American Citizenship,” aims to exclude babies born to foreign government employees such as embassy or consulate staff.
That same order also targets children of members of foreign terrorist groups and those whose parents are “engaged in fraudulent activity to obtain citizenship.”
The second executive order, “Ending Birth Tourism,” directs the Secretary of State and the Secretary of Homeland Security to prioritize denying visas to anyone suspected of engaging in the practice.
Birth tourism refers to the controversial practice of pregnant women misrepresenting their reason for travelling to the United States in order to give birth and secure automatic citizenship for their newborn.
Federal regulations already prohibit people from obtaining tourist visas “for the primary purpose of obtaining U.S. citizenship for a child by giving birth in the United States.”
The Department of Justice has prosecuted businesses offering paid birth tourism services over the years, making the practice a longstanding enforcement priority before these new orders were introduced.
White House Deputy Chief of Staff for Policy Stephen Miller stood beside the president during the announcement and cited the Supreme Court’s June ruling as giving the administration authority to expand the definition of citizenship eligibility.
The Supreme Court ruling Miller referenced, however, did not expand presidential authority in that direction but instead struck down the administration’s broader 2025 order and reaffirmed constitutional birthright citizenship protections.
Legal experts, lawmakers, state governments, and immigration advocates are already scrutinising the new directives closely, with another round of court challenges widely expected.
The administration’s decision to adopt a narrower legal strategy reflects the constraints imposed by the Supreme Court’s recent decision, though critics argue even the revised orders remain constitutionally questionable.