Trump Signs Executive Orders Banning Birthright Tourism

 US President Donald Trump signed two executive orders on August 6, 2026, officially titled 'Continuing to Protect the Meaning and Value of American Citizenship' and 'Ending Birth Tourism', to restrict birthright citizenship. The directives specifically target children of birth tourists, foreign government employees and alien enemies.

The orders could also affect US territories if Congress passes proposed legislation, such as H.R. 9724, the End Birthright Citizenship for Territories Act. The move follows a recent legal defeat for the administration over immigration policy.

White House aide Stephen Miller announced the immediate restriction on Thursday at the signing ceremony in the Oval Office. "That practice of birth tourism is, as of the signing of this order, hereby banned. What that means is that no one in the world is anymore allowed to obtain a visa for this fraudulent purpose," Miller said.

Targeting Birth Tourism

In 2025, the United States registered 3.6mn births. Between 2016 and 2017, an estimated 20,000 to 25,000 mothers travelled to the country for birth tourism, the Center for Immigration Studies stated.

Existing federal rules from 2020 already ban the primary use of business or tourist visas to secure citizenship for a child. Individuals violating these rules face potential fraud prosecution.

Trump strongly criticised the system in his remarks. "People are building businesses around it. That's not the way it's supposed to work. It's a disgrace. They're buying their way in, and we're not going to let it happen," Trump said.

He questioned the modern application of historical laws. "This was done for a different reason. This was done right after the Civil War. This was for the babies of slaves, and what's happening now?" Trump said.

The Constitutional Battle

Trump previously signed an executive order in 2025 seeking to deny automatic citizenship if neither parent was an American citizen or lawful permanent resident.

The Supreme Court issued a 6-3 decision on June 30, 2026, ruling that 2025 order unconstitutional.

The 14th Amendment Citizenship Clause guarantees this protection. The text states: "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."

Chief Justice John Roberts defended the ruling. "Citizenship, then and now, was the right to have rights - to freely participate in our political community. We keep that promise today," Roberts said.

The US President openly expressed frustration with the top court. "We had a very unfortunate decision in the Supreme Court concerning birthright. It was close, but a very, very unfortunate decision," Trump said.