President Donald Trump signed two executive orders on Thursday addressing categories of individuals not entitled to birthright citizenship under the administration’s interpretation of historical exceptions, as well as directing efforts to halt the practice of birth tourism.
The orders follow the Supreme Court’s June 30, 2026, decision in Trump v. Barbara, which addressed an earlier executive order issued on January 20, 2025. That prior order had directed federal agencies not to recognize citizenship for certain children born in the United States to parents who were unlawfully present or lawfully but temporarily present, when the other parent was neither a U.S. citizen nor a lawful permanent resident.
The Court held that the Citizenship Clause of the Fourteenth Amendment extends the privilege of citizenship to children born to parents in the United States “for whom no extraterritorial fiction applie[s].”
Trump maintained that he would take additional action against birthright citizenship, and especially birth tourism, immediately following the ruling. “Today, President Donald J. Trump signed two Executive Orders to continue to protect the meaning and value of American citizenship after Trump v. Barbara. The first Executive Order non-exhaustively identifies certain categories of children of aliens who are not entitled to birthright citizenship consistent with historical exceptions to birthright citizenship recognized by the Supreme Court in Barbara. The second Executive Order delegates presidential authorities to the Secretary of State and Secretary of Homeland Security and directs them to halt the practice of birth tourism,” a White House fact sheet on Thursday’s order reads.
The first order, titled “Continuing to Protect the Meaning and Value of American Citizenship,” references the Barbara ruling and notes that the order “identifies, non-exhaustively, and prescribes action concerning certain categories of children of aliens who do not fall within the rule of birthright citizenship as announced by the Supreme Court.”
Under the policy section, no executive department or agency shall issue or accept documents recognizing United States citizenship for persons when neither parent is a citizen and any of the following applies: (a) either parent is an alien enemy, defined to include any member of a designated Foreign Terrorist Organization or Specially Designated Global Terrorist.
It also pertains to cases where either parent is a foreign government employee, including ambassadors, persons employed by a foreign embassy or consulate who are nationals of that country, persons employed by a foreign government in an official capacity, and persons employed by an international organization with immunity.
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.@POTUS: “We had a very unfortunate decision in the Supreme Court concerning birthright [citizenship]… so we’re making adjustments.”
President Trump is signing two Executive Orders to protect the meaning and value of American citizenship after Trump v. Barbara:
— The first… pic.twitter.com/NGSNNuzM0h
— Rapid Response 47 (@RapidResponse47) August 6, 2026
The second order, titled “Ending Birth Tourism,” defines the practice and sets related policy. Birth tourism refers to foreign nationals traveling to the United States on temporary nonimmigrant visas primarily for the purpose of giving birth on U.S. soil so that the child obtains U.S. citizenship by birth, often facilitated by operators who advertise services, accommodations, and related arrangements.
“United States citizenship is among the greatest inheritances the Nation can bestow. It embodies a sacred bond between the American people and the Nation in which they live, and carries profound rights, privileges, and responsibilities reflective of the enduring allegiance of citizens to the United States and our Constitution. Citizenship is not a commodity to be acquired through calculated exploitation and evasion of the immigration laws, such as by entering the United States on a nonimmigrant visa for the purpose of giving birth within the Nation’s borders,” the order’s purpose section states.
It defines “birth tourism” as: “(a) the entry of any foreign national into the United States via a nonimmigrant visa for the purpose of giving birth on American soil; or (b) any effort by any foreign national to facilitate the entry of any foreign national into the United States via a nonimmigrant visa for the purpose of giving birth on American soil.” Authority under section 215(a) of the Immigration and Nationality Act is delegated to the Secretary of State and Secretary of Homeland Security to implement the order, including through rules, policies, or guidance.
These may include preventing entry or granting of visas for the purpose of birth tourism, revoking visas, denying entry or removing individuals who engaged or plan to engage in it, and actions against facilitators. Exemptions are available on humanitarian grounds or when entry is in the national interest, as determined by the relevant secretaries.
“We had a very unfortunate decision in the Supreme Court concerning birthright… So we’re making adjustments because it’s very unfair,” Trump said during the signing ceremony in the Oval Office.
“They’re building businesses around birthright citizenship. That’s not the way it was supposed to work. It’s a disgrace. They’re buying their way in, and we’re not going to let it happen.”
