WASHINGTON — U.S. President Donald Trump has signed two executive orders aimed at restricting birthright citizenship and curbing so-called birth tourism, renewing a legal fight with the Supreme Court weeks after it rejected his earlier, broader attempt to limit citizenship for some children born in the United States.
The orders, signed on Thursday, direct federal agencies to restrict citizenship for children in several narrowly defined circumstances, including births involving certain foreign-government personnel and people designated as “alien enemies.” One order specifically targets birth tourism, which the administration defines as entering the United States on a nonimmigrant visa for the purpose of giving birth.
The White House has argued that the measures address practices that exploit the constitutional guarantee of citizenship for people born on U.S. soil. White House aide Stephen Miller said at the signing ceremony that birth tourism was being banned under the new order.
Trump has also criticized businesses that facilitate birth tourism. He said at the signing that people were “building businesses around” the practice and accused participants of attempting to obtain citizenship through travel to the United States.
The administration's move comes after the Supreme Court ruled 6-3 on June 30 against Trump's earlier executive order, which sought to deny citizenship to children born in the United States when neither parent was a U.S. citizen or lawful permanent resident. The court's ruling rejected that broader approach, while the new administration orders seek to rely on what the White House describes as historical exceptions to birthright citizenship.
Under the 14th Amendment, people born or naturalized in the United States are generally citizens, subject to the jurisdiction of the United States. Existing law recognizes narrow exceptions, including children of accredited foreign diplomats. The new orders seek to expand the categories beyond those established exceptions, according to legal experts and immigration authorities cited by the Associated Press.
There is no official nationwide count of births involving birth tourism. The Centers for Disease Control and Prevention recorded nearly 9,600 U.S. births in 2024 to mothers whose official address was outside the country, while a 2020 estimate by the Center for Immigration Studies put annual birth tourism at roughly 20,000 to 26,000 cases.
The orders are expected to face legal challenges. Administration officials contend the measures use immigration and visa authorities that remain within presidential power, while civil rights and immigrant advocates argue that executive action cannot override the constitutional protections governing birthright citizenship.
