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Jul 30, 2026

Trump Signs New Executive Orders Targeting ‘Birth Tourism’

President Trump was so vested in one of his first executive orders he issued at the very beginning of his second term that, when it landed before the U.S. Supreme Court, he became the first sitting president to attend the oral arguments.

The order banned birthright citizenship, but the nation’s highest court struck it down, as had several lower courts, claiming it violated the Constitution’s 14th Amendment.

Rather than let the issue die, however, Trump is now taking a new course of action to at least curtail as much birthright citizenship as he possibly can without Congress or amending the Constitution.

On Thursday, Trump signed executive orders banning “birth tourism” – a phenomenon that has sprung up and expanded in recent years.

The Trump administration has argued that the court’s ruling preserves the president’s authority to limit birthright citizenship in certain circumstances under what it describes as long-recognized legal exceptions.

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Under the administration’s executive orders, the proposed restrictions would apply only to future births involving four specified categories, via Axios:

  1. Children born of foreign diplomatic staff working on behalf of another government while in the U.S. The 14th Amendment doesn’t confer automatic citizenship to ambassadors’ families, and this order would expand that category to other noncitizen employees.

  2. Children of people who are classified as alien enemies, including those who belong to federally declared terrorist groups. The 14th Amendment doesn’t apply to invading armies, and this designation would expand that category.

  3. Those born in U.S. territories — but only if Congress changes the law to end automatic citizenship there. A bill seeking to do that was introduced last month but isn’t expected to pass. This would apply most notably to those in Puerto Rico.

  4. Children born of mothers who expressly and deceptively enter the U.S. for the sole purpose of having a child here, namely at a birth-tourism center. The order seeks to limit the use of surrogate mothers for this purpose as well.

    President Donald Trump holds up his signed AI initiative during a signing ceremony in the Oval Office of the White House in Washington, DC, on...

The administration argues that the proposed birth tourism exception is justified in cases involving alleged fraud or misrepresentation by parents seeking entry into the United States, such as individuals who obtain tourist or temporary work visas under false pretenses.

Officials contend that because U.S. law permits the revocation of citizenship obtained through fraud in certain circumstances, similar principles should apply in cases involving commercial birth tourism.

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