Donald Trump has renewed efforts to restrict birthright citizenship in the United States by signing two executive orders on Thursday, August 7th, 2026. These orders come weeks after the Supreme Court dismissed his previous attempt to eliminate the constitutional right granting citizenship to anyone born on US soil.

One executive order broadens the definition of non-citizens whose children are ineligible for birthright citizenship. It specifically excludes 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 attempted to fraudulently gain citizenship, or resides in US territories where citizenship is not federally granted.

The second order bans birth tourism, a practice where pregnant women travel to the US to give birth so their children automatically receive US 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 prior rejection of his bid to end the 150-year-old policy, 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 the authority under the Immigration and Nationality Act to ban birth tourism by setting exceptions on who may 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 in the administration's recent Supreme Court loss.

The executive orders aim to address what the administration describes as risks posed by "malign foreign actors who attempt to swindle American citizens by taking advantage of the generosity of our Nation."

Sources