President Donald Trump signed two executive orders Thursday that revive his effort to limit automatic U.S. citizenship for some children born in the United States after the Supreme Court rejected a broader version of the policy earlier this year.
Rather than attempting a sweeping redefinition of birthright citizenship, the latest directives take a more targeted approach. One seeks to restrict automatic citizenship for specific categories of individuals, while the other targets so-called “birth tourism”—traveling to the United States primarily to give birth.
Revised Legal Strategy
Speaking at the White House, Trump portrayed the new actions as revisions made in response to the Supreme Court’s ruling.
“I thought we were going to win it at the Supreme Court. Unfortunately, we had a bad decision, very unfair decision. Our country suffers because of it, and we’re ending it a different way,” Trump said.
According to administration officials, the order would deny birthright citizenship to children born to certain foreign government employees and representatives, individuals designated as “alien enemies” of the United States, members of foreign terrorist organizations, and parents who engaged in fraud to obtain entry or citizenship.
White House Deputy Chief of Staff Stephen Miller said the affected groups include “alien enemies of the United States, members of foreign terrorist organizations, and large categories of people who lobby and act on behalf of foreign governments.”
The revised approach appears designed to address the legal shortcomings identified by the Supreme Court. Rather than broadly challenging birthright citizenship, the administration is focusing on categories it argues fall outside the protections recognized by the Court.
.@StephenM: “Birth tourism is, by definition, a fraud on the American system… if you’re telling a consular officer you’re here as a tourist, but your true purpose and intent is to go to a baby mill, give birth, and try to mint an American citizen while you’re here, then you’re… https://t.co/3FqNqaUhbU pic.twitter.com/b48X8qrSiq
— Rapid Response 47 (@RapidResponse47) August 6, 2026
Visa Fraud Focus
The second order centers on visa fraud linked to birth tourism, which Trump said is exploited by “hundreds of thousands” of people.
Miller argued the measure is authorized under Section 215(a) of the Immigration and Nationality Act, which allows the president to prescribe reasonable rules governing the entry and departure of noncitizens.
“If you’re telling a consular officer you’re here as a tourist, but your true purpose and intent is to go to a baby mill, give birth and try to mint an American citizen while you’re here, you’re committing a fraud against the American government,” Miller said. “So that practice of birth tourism is, as of the signing of this order, hereby banned.”
Asked how officials would distinguish legitimate tourists from birth tourists, Miller said consular officers would assess applicants’ true intent and that obtaining a visa primarily to secure citizenship for a child would now be explicitly prohibited.
Our immigration system has been exploited by those who treat citizenship as a commercial transaction, not a sacred bond.
President Trump is taking bold steps to combat birth tourism and restore our sovereignty. A serious nation owes its citizens nothing less. https://t.co/k0zr8Sunat
— JD Vance (@JDVance) August 6, 2026
Disputed Scale of Birth Tourism
The administration’s claims about the prevalence of birth tourism differ sharply from outside estimates.
While Trump said “hundreds of thousands” of people exploit the practice, Solicitor General John Sauer acknowledged during April Supreme Court arguments that “no one knows for sure” how widespread it is. Responding to a question from Chief Justice John Roberts, Sauer cited congressional findings and media reports estimating that between 1.1 million and 1.5 million Chinese nationals may have participated in birth tourism over time, along with anecdotal evidence involving Russian elites using birth-tourism companies in Miami.
Independent estimates are substantially lower. The Migration Policy Institute estimated in a 2026 analysis that roughly 22,000 to 26,000 births annually could be linked to birth tourism, out of approximately 3.5 million U.S. births each year. The institute also noted that using a tourist visa for childbirth-related fraud has long been grounds for visa denial and that previous administrations prosecuted schemes designed to conceal pregnancies.
Supreme Court Reaffirms Constitutional Guarantee of US Citizenship at Birth
Constitutional Questions Remain
The orders are widely expected to be challenged in federal court soon after their issuance.
In June, the Supreme Court held that children born in the United States to parents who are unlawfully or temporarily present are citizens under the Fourteenth Amendment, striking down Trump’s earlier executive order by a 6-3 vote.
Huma Nisar is Associate Editor at Views and News. She also writes opinion articles on health, society and diet.
