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 follows the Supreme Court's June decision to strike down his earlier executive order aimed at ending birthright citizenship.

One of the new orders targets individuals who engage in commercial "birth tourism," seeking to deny them access to the country. White House deputy chief of staff Stephen Miller described birth tourism as a practice where people come to the U.S. pretending to be tourists—visiting places like Disneyland or national parks—but with the primary intent of giving birth so their child automatically gains U.S. citizenship. Miller stated, "This has been something that people have talked about, not only for years, but for decades."

The second order expands the categories of people deemed ineligible for birthright citizenship, including children of foreign citizens who lobby on behalf of foreign governments. The order specifically lists individuals involved in commercial transactions ensuring a mother's presence in the U.S. or its territories for childbirth as ineligible.

The Supreme Court's Chief Justice John Roberts, during related legal discussions, acknowledged that birth tourism does not impact the legal analysis of the Citizenship Clause but noted it as evidence of negative effects stemming from the current interpretation. U.S. Solicitor General John 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."

Civil rights advocates remain critical of these executive actions. 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."

President Trump commented on the Supreme Court ruling, calling it "a very unfortunate decision" and indicated that adjustments are being made in response.

Sources

  • CBS Politics, "Trump issues new executive orders aimed at birthright citizenship after Supreme Court ruling," August 7, 2026. Link