Donald Trump has renewed efforts to curtail birthright citizenship in the United States, signing two executive orders on Thursday, August 7th, 2026. These orders come weeks after the Supreme Court struck down his earlier attempt to eliminate the right.

One executive order broadens the definition of non-citizens whose children are ineligible for birthright citizenship. It bars automatic citizenship for babies born in the US to two non-citizen parents if one parent is a member of a foreign terrorist group, a foreign government employee, has tried to gain citizenship fraudulently, or resides in US territories where citizenship is not federally granted.

The second order bans birth tourism, the practice of pregnant women traveling to the US to give birth so their children automatically gain citizenship. The Migration Policy Institute estimates that between 22,000 and 26,000 babies are born annually in the US through birth tourism.

Speaking from the Oval Office, Trump criticized the Supreme Court's rejection of his previous bid, stating, "This should have happened years ago, but we're taking care of it now."

Stephen Miller, homeland security advisor and White House deputy chief of staff for policy, explained that the president has authority under the Immigration and Nationality Act to ban birth tourism by setting exceptions on who can enter the country. However, Miller acknowledged that once a child is born in the US, the president lacks the power to revoke that child's citizenship, a matter settled by the recent Supreme Court ruling.

The first executive order also emphasized guarding against "malign foreign actors who attempt to swindle American citizens by taking advantage of the generosity of our Nation."

These moves reflect the administration's ongoing efforts to restrict immigration-related policies despite judicial setbacks.

Sources