The bottom line. On Thursday, President Trump signed two executive orders aimed at ending automatic citizenship for certain U.S.-born children, specifically those connected to birth tourism or foreign-government lobbying. This move follows a Supreme Court decision that invalidated his prior attempt to change the rule.
In the Oval OffICE on Thursday, President Trump put his signature on two new executive orders, marking another attempt to prevent some babies born on American soil from becoming citizens. This action arrives on the heels of a 6-3 Supreme Court ruling that deemed his earlier order—issued in January 2025—unconstitutional and contrary to the 14th Amendment.
The first measure goes after the practice of commercial birth tourism. The second broadens the categories of individuals whose children would not qualify for birthright citizenship, including the offspring of foreign nationals who lobby for foreign governments. The full details of these orders have not yet been made public by the White House.
Stephen Miller, the White House deputy chief of staff, said the issue has been discussed "not only for years, but for decades."
Key Provisions
Miller explained that the first order is designed to stop visitors who claim they are coming to see places like Disneyland or national parks, but whose actual intention is to give birth in the U.S. so their child automatically becomes a citizen. He argued that these children then gain access to benefits, voting rights, and other privileges that should be reserved for Americans.
The second order widens the scope of who is excluded from birthright citizenship, specifically adding children of foreign lobbyists working on behalf of foreign governments.
Constitutional Questions
The 14th Amendment, which was ratified in 1868, says that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside." The Supreme Court has already ruled that the president's first executive order did not align with this constitutional provision.
During the court's oral arguments, Chief Justice John Roberts told Solicitor General John Sauer that birth tourism "has no impact on the legal analysis before us." Sauer countered that the practice shows the downsides of the current interpretation of the Citizenship Clause, pointing out that "8 billion people are one plane ride away from having a child who is a U.S. citizen." Roberts responded, "Well, it's a new world. It's the same Constitution."
Immediate Impact
While the orders have been signed, their full text is still pending release, leaving the exact scope of who might be affected unclear.
Given the Supreme Court's recent rejection of a similar order, these new measures are expected to face immediate legal scrutiny.
Families currently in the U.S. under birth tourism arrangements may find themselves in a state of limbo until the specifics are published.