Trump Signs Executive Orders Restricting Birthright Citizenship and Birth Tourism

President Donald Trump signed two executive orders on August 6, 2026, to restrict birthright citizenship and ban birth tourism. These actions follow a June 30 Supreme Court ruling in Trump v. Barbara, which struck down a broader 2025 attempt to deny citizenship to children of undocumented or temporary residents. Trump characterized the court's 6-3 decision as a "very unfortunate and unfair decision," stating that the country suffers because of it.

The first order narrows automatic citizenship eligibility, excluding children of foreign government employees, accredited diplomatic personnel, members of foreign terrorist organizations, those classified as alien enemies, and children born in U.S. territories where citizenship is not conferred by federal statute. The second order targets birth tourism, defining it as fraud and directing the Department of State and Department of Homeland Security to deny or revoke visas for individuals entering the U.S. specifically to give birth.

White House Deputy Chief of Staff Stephen Miller defended the moves, arguing that birth tourism is a fraud on the American system. However, the American Civil Liberties Union and various Oregon elected officials condemned the orders as unconstitutional. They assert that birthright citizenship is a settled constitutional right under the 14th Amendment that cannot be altered by executive action.