On August 6, 2026, President Donald Trump signed two executive orders aimed at restricting birthright citizenship and what is referred to as "birth tourism." During a press conference at the White House, Trump expressed his dissatisfaction with a recent Supreme Court decision regarding birthright citizenship, stating, "We’re making adjustments because it’s very unfair." He criticized individuals profiting from birthright citizenship, asserting that the policy was originally established to ensure citizenship for the children of slaves after the Civil War.
Trump claimed that "hundreds of thousands" of people were exploiting birth tourism, stating, "They’re buying their way in, and we’re not going to let it happen." The executive orders also seek to deny birthright citizenship to children of certain foreign diplomats born in the U.S. and potentially in U.S. territories. Legal challenges to the orders are anticipated, particularly under the 14th Amendment, which guarantees citizenship to most children born in the U.S.
The orders will apply to future births and will also deny citizenship to children of individuals classified as alien enemies, including members of federally declared terrorist groups, as well as to children born to mothers who enter the U.S. with the intent to give birth. Additionally, one of the orders aims to limit the use of surrogate mothers for this purpose. White House deputy chief of staff Stephen Miller stated that the administration is utilizing the Supreme Court's June decision to broaden the definitions of individuals ineligible for birthright citizenship under section 215A of the Immigration and Nationality Act, asserting that the actions taken do not violate any Supreme Court opinions on the matter.