On Thursday, August 6th, 2026, US President Donald Trump signed an executive order targeting what he described as "birth tourism," seeking to curb birthright citizenship by restricting entry for pregnant visitors who intend to give birth in the United States.

Speaking in the Oval Office, Trump said, "They've taken birthright citizenship and they've made a joke out of it." He added, "We're making adjustments because it's very unfair."

This move follows the US Supreme Court's rejection in late June of Trump's previous effort to limit the constitutional right to birthright citizenship, which Trump described as "very unfortunate."

Stephen Miller, one of Trump's closest advisors, explained that the order also aims to deny birthright citizenship to children of members of "foreign terrorist organizations" and "large categories of people who lobby and act on behalf of foreign governments." Miller said the order "ensures that large numbers of people who wrongly (would) be getting birthright citizenship will no longer be eligible for those benefits."

Last year, Trump signed another executive order decreeing that children born to parents in the United States illegally or on temporary visas would not automatically become US citizens.

Under US law, birthright citizenship applies to "all persons born or naturalized in the United States, and subject to the jurisdiction thereof." However, it does not apply to those not subject to US jurisdiction, such as children of foreign diplomats. Visas can already be denied if a consular officer believes the applicant is traveling primarily to give birth.

The Trump administration unsuccessfully argued that the 14th Amendment, passed after the 1861-1865 Civil War, addresses citizenship rights of former slaves and not the children of undocumented migrants or visitors.

Sources