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By Aurax Desk | August 7, 2026 | 2 min read
President Donald Trump has signed new executive orders seeking to narrow the application of birthright citizenship and curb so-called birth tourism following a recent Supreme Court ruling against his earlier policy. The actions are expected to face renewed legal challenges as the administration continues to make immigration enforcement a central policy priority.
The U.S. Supreme Court previously reaffirmed constitutional protections for birthright citizenship before the administration issued new executive orders.
President Donald Trump signed two executive orders Thursday aimed at restricting birthright citizenship in limited circumstances and increasing scrutiny of birth tourism, reopening a legal and political battle over an issue that has been at the center of his immigration agenda. The White House said one order directs federal agencies to deny automatic U.S. citizenship in specific cases involving children born to foreign diplomats, individuals designated as enemy aliens during wartime, and cases where officials determine citizenship was obtained through fraud. A second order instructs federal agencies to strengthen efforts against birth tourism, the practice of foreign nationals traveling to the United States primarily to give birth so their children acquire U.S. citizenship.
The executive actions come weeks after the U.S. Supreme Court ruled that the 14th Amendment protects birthright citizenship for nearly all children born on American soil, rejecting a broader executive order issued earlier this year. The court reaffirmed the long-standing interpretation of the Citizenship Clause, which has generally guaranteed citizenship to people born in the United States since the amendment was adopted after the Civil War, with only limited exceptions such as children of foreign diplomats. Immigration advocates and civil liberties organizations have indicated they are preparing new legal challenges, arguing that the latest orders remain inconsistent with the Constitution and established legal precedent.
Immigration has remained a defining issue for the Trump administration, with officials arguing that tighter citizenship and visa policies are needed to deter unlawful immigration and prevent abuse of the immigration system. The administration has also focused on reducing birth tourism, which federal officials say is used by some foreign nationals seeking U.S. citizenship for their children. Researchers have estimated that births associated with birth tourism account for a small share of the roughly 3.5 million births recorded annually in the United States, while existing federal law already allows authorities to prosecute visa fraud connected to such travel. The latest executive orders are expected to face scrutiny in federal courts before any broad implementation can occur.
Sources: Information for this report was compiled from AP News, Reuters, NPR and Yahoo News.