President Donald Trump signed two executive orders on August 6, 2026, in a renewed effort to restrict birthright citizenship in the United States, following the Supreme Court’s rejection of his previous attempt earlier this summer. The new directives focus on narrowing the eligibility for automatic citizenship to certain groups, including children born to foreign government employees and individuals designated as “alien enemies,” as well as addressing concerns about “birth tourism,” where pregnant foreigners travel to the U.S. to give birth for the purpose of securing citizenship for their children.

Trump characterized the June 30 Supreme Court ruling, which struck down his earlier executive order, as “very unfortunate” and said it hindered efforts to limit what he described as a system exploited by individuals seeking to “buy their way in.” He emphasized that birthright citizenship, established by the 14th Amendment after the Civil War, was intended to grant citizenship primarily to the children of former slaves, and he argued that the current broad interpretation encourages abuse. The president’s prior executive order, issued on his first day of his second term in 2025, aimed to strip automatic citizenship from children born in the U.S. to parents who are neither citizens nor lawful permanent residents. That order was blocked by lower courts and ultimately overturned by a 6-3 Supreme Court decision.

The new executive orders seek to bypass the Supreme Court ruling by focusing on narrower exceptions to birthright citizenship. They exclude children born to foreign diplomats or employees of international organizations, individuals engaged in “fraudulent activity” to obtain citizenship, and those whose parents are classified as “alien enemies.” Additionally, the administration aims to curb birth tourism by imposing stricter visa restrictions on pregnant visitors suspected of entering the United States primarily to give birth.

Senior White House officials, including senior policy adviser Stephen Miller, argued that these measures align with historical interpretations of the 14th Amendment and federal immigration law. They contend that birth tourism has evolved from an incidental occurrence to an organized enterprise that exploits the country’s citizenship laws.

However, legal experts and immigration advocates have voiced strong opposition to the orders. The American Civil Liberties Union (ACLU) stated that birthright citizenship is a constitutional guarantee that cannot be altered by executive fiat, predicting that the new orders will face legal challenges likely to end in failure. Critics also warn that restrictions targeting pregnant women could lead to discriminatory practices and create a subclass of residents without full rights. Advocates for immigrant communities argue that birthright citizenship fosters social cohesion by granting an equal stake in the nation’s future.

Data on the scale of birth tourism varies. A 2020 analysis by the Center for Immigration Studies estimated that between 20,000 and 25,000 births annually result from birth tourism, out of roughly 3.6 million births nationwide. Other scholarly estimates suggest that birth tourism births constitute a very small fraction of total births in the U.S.

The Supreme Court’s majority opinion from June reaffirmed that nearly all children born on U.S. soil are granted citizenship under the 14th Amendment, a principle that has been in place for more than 150 years. Legal observers note that while the president may have authority under certain immigration statutes to regulate admissions, changing the constitutional definition of citizenship would require a constitutional amendment or new legislation enacted by Congress—both challenging and uncertain paths.

As of now, it remains unclear how effectively the new executive orders can be enforced or whether they will withstand judicial scrutiny. The administration has not signaled plans to pursue legislative action, instead pressing forward through executive policy despite broad anticipation of court challenges.