Trump Signs Orders on Birthright Citizenship and Birth Tourism
On August 6, President Trump signed two executive orders narrowing birthright citizenship eligibility and directing federal agencies to restrict visas for pregnant women entering to give birth. The orders target specific categories and face immediate legal challenges.
President Trump signed two executive orders on August 6, 2026, in response to the Supreme Court's June ruling that struck down his broader January 2025 birthright citizenship order. Unlike the previous attempt—which the Supreme Court rejected as unconstitutional—these new orders take a narrower approach based on exceptions recognized by the Court.
What the Orders Cover
The first order, "Continuing to Protect the Meaning and Value of American Citizenship," excludes from automatic birthright citizenship children born to: parents working for foreign governments (embassy/consulate staff), parents classified as "alien enemies" of the United States, and parents found to have engaged in fraudulent activity to obtain citizenship. The second order directs the State Department and Department of Homeland Security to deny or revoke nonimmigrant visas when officials believe the purpose is to give birth on U.S. soil, targeting what the administration calls "birth tourism."
Importantly, the orders do not affect children born to H-1B workers, F-1 students, L-1 visa holders, or green card holders—these groups retain birthright citizenship protections. The orders are not yet in effect and will face legal challenges before implementation.
If you are a foreign worker, student, or visa holder planning to have children in the United States, your children's citizenship rights under the 14th Amendment remain protected as written. These orders primarily target narrow categories of employment-based diplomatic status and intentional birth tourism. Monitor updates from USCIS and your visa sponsor, as litigation will determine the final scope of these orders.
Sources
- NPR — Trump signs new orders targeting birthright citizenship, weeks after Supreme Court ruling
- PBS News — What to know about Trump's new attempt to limit birthright citizenship
- The White House — Fact Sheet: President Donald J. Trump Ends Birth Tourism and Protects the Meaning and Value of American Citizenship
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