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. Trump stated the move came after the US Supreme Court rejected his earlier effort to limit the constitutional right to birthright citizenship.

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

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 move "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.

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. The constitutional text states, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States."

The new order does not apply to those not subject to US jurisdiction, such as children of foreign diplomats. Additionally, US law already allows visas to be denied if a consular officer believes the applicant is traveling primarily to give birth.

Sources