US President Donald Trump signed two executive orders on August 6, renewing his attempt to restrict birthright citizenship after the Supreme Court rejected his earlier policy on June 30.
The White House said the measures target “birth tourism”, where foreigners travel to the United States to give birth and secure citizenship for their children.
Trump urged Congress to act after the Supreme Court’s 6-3 ruling but later returned to executive action. Executive orders direct federal agencies but lack the force of laws passed by Congress.
His 2025 order told agencies to deny citizenship to US-born children when neither parent was a citizen or lawful permanent resident. The policy covered children of immigrants living in the country illegally or temporarily.
The administration says the new orders address narrow historical exceptions and therefore fall outside the Supreme Court ruling.
Birth Tourism Targeted
“That practice of birth tourism is, as of the signing of this order, hereby banned,” White House aide Stephen Miller said at the Oval Office ceremony.
The Center for Immigration Studies estimated in 2020 that between 20,000 and 25,000 mothers came to the US for birth tourism during 2016 and 2017. The US recorded 3.6 million births in 2025.
The orders also restrict rights for children of foreign government employees and people the government classifies as alien enemies. They could affect US territories if Congress approves a proposed law ending automatic citizenship there.
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Trump called the Supreme Court ruling a “very unfortunate decision” and said “people are building businesses around” birth tourism.
“That’s not the way it’s supposed to work. It’s a disgrace. They’re buying their way in, and we’re not going to let it happen,” Trump said.
“This was done for a different reason.” Trump continued: “This was done right after the Civil War.” He then asked: “This was for the babies of slaves, and what’s happening now?”
Fresh Court Fight Expected
Legal experts expect fresh challenges to the orders. The ACLU predicted they would fail in court.
“Just five weeks ago, the Supreme Court made clear that birthright citizenship is not subject to a president’s whims, it is a constitutional guarantee that has stood for more than 150 years. Today’s executive orders are nothing more than an attempt to get around that ruling,” said Deborah Fleischaker, a former Biden administration official now with UnidosUS.
Zain Lakhani of the Women’s Refugee Commission said the measures could trample pregnant women’s rights “in one of the most vulnerable moments of their lives”. She urged the government to establish guidelines honoring the Supreme Court ruling.
Courts have long interpreted the 14th Amendment as guaranteeing citizenship to nearly everyone born in the United States. Narrow exceptions cover children of foreign diplomats and members of an enemy occupying force.
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Chief Justice John Roberts wrote: “Citizenship, then and now, was the right to have rights – to freely participate in our political community. We keep that promise today.”
The Citizenship Clause states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.”
US authorities have no official figures showing how many foreigners enter the country specifically to give birth or what the practice costs taxpayers.
