Washington — On Thursday, August 7th, 2026, President Trump signed two executive orders in a renewed effort to limit birthright citizenship for certain children born in the United States. This move comes after the Supreme Court struck down his earlier executive order intended to end birthright citizenship.

One of the new orders targets individuals involved in commercial "birth tourism," seeking to deny them access to the country. The other order broadens the categories of people deemed ineligible for birthright citizenship, including children of foreign citizens who lobby on behalf of foreign governments.

White House deputy chief of staff Stephen Miller described birth tourism as a long-standing issue, stating, "This has been something that people have talked about, not only for years, but for decades." He explained, "The idea that people come here pretending to be a tourist, pretending to be a visitor, saying they want to go to Disneyland or they want to go visit a monument or go to a national park, but the real reason they're here is to have a child, to make that child an automatic citizen, leave our country, and then have a U.S. citizen child."

One order specifies that children born to people who engaged "in a commercial transaction to ensure that the person's mother is present in the United States, or a territory of the United States, to give birth" should not be granted citizenship documents.

The Supreme Court's decision was described as "very unfortunate" and "close," prompting adjustments by the administration. Chief Justice John Roberts told U.S. Solicitor General John Sauer that birth tourism "has no impact on the legal analysis before us," though Sauer noted it as evidence of negative effects stemming from the current interpretation of the Citizenship Clause. Sauer remarked, "We're in a new world now … where 8 billion people are one plane ride away from having a child who is a U.S. citizen."

The American Civil Liberties Union (ACLU) responded critically. Cody Wofsy, deputy director of the ACLU's Immigrants' Rights Project, stated, "Any executive order that tries to rewrite birthright citizenship will meet the same fate as the last one."

The administration also highlighted concerns that the current system allows access to welfare benefits and voting rights "that belong solely to Americans," according to statements from the White House.

Sources