Trump Administration Issues Executive Orders on Birthright Citizenship and Birth Tourism

Quick Hits

• On August 6, 2026, President Trump issued two executive orders aimed at limiting birthright citizenship under certain circumstances and ending “birth tourism.”
• The first executive order expands the recognized exceptions to birthright citizenship, narrowing who qualifies for U.S. citizenship at birth.
• The second executive order directs the State Department and DHS to deny or revoke nonimmigrant visas when there is reason to believe the purpose of travel is to give birth on U.S. soil.

Background

Birthright citizenship under the Fourteenth Amendment of the U.S. Constitution has been a recurring issue in immigration policy. In January 2025, President Trump signed an executive order that attempted to redefine who qualifies for citizenship at birth, excluding children of parents who were neither citizens nor lawful permanent residents. Immigration advocacy groups promptly challenged that order in federal court, and the Supreme Court of the United States ultimately struck it down in Trump v. Barbara, which reaffirmed that the Fourteenth Amendment guarantees citizenship to virtually all persons born on U.S. soil while also recognizing narrow exceptions.

The New Executive Orders

Rather than revisiting the constitutional question directly, these new executive orders take a different approach. The first order sets out four categories of exceptions: children of “alien enem[ies],” including members of federally designated terrorist organizations; children of foreign government employees, a category that extends beyond ambassadors to embassy and consular staff who are foreign nationals; children born through “birth tourism” or surrogacy arrangements, including situations where individuals pay for or arrange a mother’s presence in the United States to give birth; and children born in certain U.S. territories where citizenship is not conferred by statute. Notably, exceptions for children of foreign diplomats already existed before this order under long-standing practice.

The second order targets so-called “birth tourism,” the practice of traveling to the United States for the primary purpose of giving birth so that a child will receive U.S. citizenship. The order directs the U.S. Department of State to strengthen visa screening procedures and identify applicants who intend to travel to the United States to give birth. The order instructs consular officers to deny nonimmigrant visa applications when they have reason to believe the applicant will engage in birth tourism. The order also calls on the U.S. Department of Homeland Security (DHS)  to coordinate with the State Department on enhanced screening at ports of entry.

Notably, the order does not attempt to revoke birthright citizenship itself; rather, it targets the visa process for nonimmigrant travelers who enter the country specifically to give birth. The administration has framed this as a measure to protect the integrity of the immigration system rather than a challenge to the Fourteenth Amendment.

Looking Ahead

The orders direct federal agencies to issue updated guidance, policies, and operational procedures, signaling that further changes to visa processing and enforcement practices are forthcoming. The practical impact of these orders will depend in large part on how the State Department and DHS translate their directives into operational procedures at consulates and ports of entry.

Immigration advocacy organizations have raised concerns that the broad language in the orders may lead to inconsistent enforcement and potential discrimination against pregnant travelers regardless of their visa category or intent. Several organizations have signaled they may pursue legal challenges.

Ogletree Deakins’ Immigration Practice Group will continue to monitor developments and will post updates on the Immigration blog as additional information becomes available.

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