On Thursday, August 6th, 2026, US President Donald Trump signed an executive order targeting what he described as "birth tourism," seeking to limit 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 restrict the constitutional right to birthright citizenship, a ruling he called "very unfortunate."

Speaking in the Oval Office, Trump said, "They've taken birthright citizenship and they've made a joke out of it," adding, "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." He 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 order does not apply to those not subject to US jurisdiction, such as children of foreign diplomats. Under existing US law, 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, ratified after the 1861-1865 Civil War to address citizenship rights of former slaves, does not apply to children of undocumented migrants or visitors.

The 14th Amendment states: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States."

Sources