President Trump signed two executive orders on Thursday aimed at tightening eligibility for automatic citizenship for children born in the United States, following a Supreme Court ruling that upheld the constitutional basis for birthright citizenship.
Supreme Court Ruling Spurs new Moves
In late June, the Supreme Court rejected Trump’s previous “Day 1” order, which sought to end citizenship by birth for children born on US soil. The court said the plan conflicted with the 14th Amendment, which protects the citizenship rights of people born in the country.
Speaking from the Oval Office, Trump said the Supreme Court decision was “unfortunate” and described it as close, adding that he would make “adjustments” because he believed the outcome was unfair.
Expanding Who Could Be Barred From Automatic Citizenship
One of the new orders broadens the category of people said to be ineligible for automatic citizenship. According to administration officials, the order would treat certain groups as not covered by the Citizenship Clause, including “alien enemies of the United States”, members of foreign terrorist organisations, and “large categories of people who lobby and act on behalf of foreign governments”.
Officials said the move is intended to work around the framework used by courts to identify exceptions to birthright citizenship. Courts have long recognised four exceptions tied to the Citizenship Clause: children born in the US to foreign sovereigns and diplomats, now referenced in the order; children born to foreign forces during a hostile occupation; children born on foreign public ships; and children of Native American tribes.
It was unclear, however, how the administration would determine who would fall within the description of people who “lobby and act on behalf of foreign governments” or how that would apply in practice.
White House deputy chief of staff Stephen Miller said the order ensures that “large numbers” who would otherwise qualify for birthright citizenship would no longer be eligible for benefits.
Order Targets “Birth Tourism” Practice
The second executive order focuses on what the administration calls “birth tourism”. The practice involves travelling to another country with the primary purpose of giving birth there so that the child automatically becomes a citizen of that country.
US law already makes such conduct illegal when it involves visa or immigration fraud, and the practice has become a political focus for the right. Trump said birthright citizenship was originally intended for “the babies of slaves”. He argued that recent patterns were different, alleging that “wealthy people” have built businesses around the practice and that the US should not allow it.
He also claimed that “hundreds of thousands” take advantage of birth tourism, though data cited in the article suggests those estimates are inflated.
Trump said the original policy applied shortly after the Civil War ended, adding that it was not intended for families he described as arriving with multiple children.
Citing Immigration Law For Denying Visas
Miller said Trump has authority to pursue the new approach under Section 215(a) of the Immigration and Nationality Act. He described it as a provision that governs the travel of non-citizens into and out of the country and said it is rarely used.
Miller argued that if someone tells a consular officer they are coming as a tourist but intends to give birth for the purpose of securing citizenship for the child, they are committing fraud against the government. He said, based on that reasoning, the relevant visa “can and should and will be now denied”.
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7 August 2026
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