Trump opens new battle: Signs two new orders against "birth tourism" in the US

2026-08-07 21:12:56Kosova&Bota SHKRUAR NGA REDAKSIA VOX
Trump opens new battle: Signs two new orders against "birth tourism"
Trump opens new battle for US citizenship, signs orders against birthright

US President Donald Trump has made another attempt to limit automatic citizenship for people born in the US. The decision comes weeks after the Supreme Court struck down his first attempt to deny this right to children of undocumented immigrants and those with temporary residence.

Trump signed two executive orders on Thursday (August 6) that aim to expand the categories of children who will not automatically receive US citizenship and to ban so-called “birth tourism.” The orders are expected to face legal challenges in the courts.

Limiting birthright citizenship has long been a goal of Trump and a key plank of his tough immigration policies during his second term. So far, his efforts have failed.

Commenting on the Supreme Court's decision, Trump described it as "very unfavorable" and said his administration is making changes because, according to him, the situation is "unfair."

One of the new orders seeks to expand the definition of children who will not benefit from automatic citizenship.

Historically, exceptions to the citizenship clause in the 14th Amendment to the U.S. Constitution have included children born in the U.S. to foreign diplomats, foreign occupying forces, persons born on foreign ships, and certain categories of indigenous people.

Stephen Miller, deputy chief of staff at the White House and one of the main architects of Trump's anti-immigration policies, said the order is intended to include children of people who are part of "foreign terrorist organizations" and other categories of people who act on behalf of foreign governments.

The order also seeks to expand exemptions for children born to employees of foreign governments and mentions people born in U.S. territories where citizenship is not automatically granted by federal law. Currently, this category only affects American Samoa.

Another provision seeks to deny automatic citizenship to children whose parents "have committed fraudulent acts to obtain citizenship."

The second order focuses on "birth tourism," the practice where people travel to the United States with the intention of giving birth to a child so that they can obtain American citizenship.

Trump claimed without providing evidence that “hundreds of thousands” of people have used the practice. According to the Migration Policy Institute, the highest estimate based on census data shows about 22,000 to 26,000 births per year from “birth tourism,” while government data reports about 9,600 births in 2024 to mothers with foreign addresses. That accounts for less than 1% of all births in the United States.

The second order directs federal agencies to target operators who organize such trips to the US.

Traveling to the US under the pretense of being for tourism, while the real purpose is to have a child to obtain citizenship, is now considered a violation of visa regulations and is illegal.

Trump's new orders are almost certainly expected to be challenged in the courts. On June 30, the Supreme Court struck down his first order signed on inauguration day, reaffirming that the U.S. Constitution guarantees citizenship to almost all people born on U.S. soil.

The Trump administration now intends to test the limits of this decision, arguing that certain categories of people are not included in the 14th Amendment guarantee.

The American Civil Liberties Union (ACLU) criticized the decision, calling it another unconstitutional attempt to change birthright citizenship rules.

"The Supreme Court has already decided this issue: birthright citizenship is guaranteed by the Constitution. No executive order can change its meaning," said Cody Wofsy, deputy director of the ACLU's immigrant rights project.


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