Trump takes another BIG swing at birthright citizenship and birth tourism

Trump Signs Executive Orders Addressing Birthright Citizenship Eligibility and Birth Tourism

President Donald Trump signed two executive orders on August 7, 2026, that direct changes to visa policy and the application of birthright citizenship rules. The signing took place at the White House with senior adviser Stephen Miller present.

Miller stated that the first order expands categories of individuals whose children would be ineligible for automatic citizenship under the administration’s interpretation. The new exclusions cover “alien enemies of the United States, members of foreign terrorist organizations, and large categories of people who lobby and act on behalf of foreign governments.” Miller said the measure responds to a Supreme Court ruling that had preserved the existing policy.

The second order directs federal agencies to deny visas to foreign nationals whose primary purpose is to give birth in the United States. Miller described the practice as one in which individuals enter on tourist or visitor visas but intend to obtain citizenship for a child. He said the order prohibits issuance of visas for that purpose.

Trump commented on the Supreme Court decision, stating that the administration had expected a different outcome and would address the issue through executive action instead.

The orders follow a separate lawsuit filed by Texas Attorney General Ken Paxton against a facility in that state accused of facilitating births by Chinese nationals.

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 and of the State wherein they reside.” Legal scholars have long disagreed over whether the phrase “subject to the jurisdiction thereof” excludes children of non-citizens who owe allegiance to a foreign government. The new orders adopt a narrower reading of that clause than prior executive branch practice.

Aaron Reichlin-Melnick of the American Immigration Council said the orders are narrower than an earlier proposal but still raise constitutional questions. He noted that the citizenship denial applies when only one parent falls into the listed categories, whereas the 14th Amendment’s text refers to the status of the child rather than requiring both parents to meet a particular condition. Reichlin-Melnick argued this distinction could conflict with judicial interpretations of the amendment.

The orders direct agencies to implement the new visa restrictions and to apply the revised citizenship criteria in federal record-keeping. Implementation details, including any regulatory changes and potential court challenges, remain to be determined.