Trump signed two new executive orders restricting birthright citizenship.
On August 6, President Donald Trump announced his intention to once again reduce the number of people who, if born in the United States, automatically receive American citizenship. Even after his first attempt to limit birthright citizenship was rejected by the Supreme Court, he is prepared to make a new attempt, writes Associated Press. This time the focus is on “hostile foreigners” and birth tourism, he clarifies. CNN.
The head of state announced that he was signing two executive orders on immigration issues.
Hostile foreigners and birth tourism
One of the executive orders signed by Trump concerns so-called enemy aliens, members of foreign terrorist organizations, and categories of individuals who act and lobby for the interests of foreign states. As White House Deputy Chief of Staff Stephen Miller, one of the main architects of the administration's immigration policy, explained, children born to members of these groups will not be eligible for U.S. citizenship by birthright.
On the subject: The US Supreme Court will make a final decision on birthright citizenship in the summer of 2026: What you need to know
The second executive order is dedicated to combating "birth tourism," a topic long advocated by hardline immigration policy advocates. Meanwhile, US law already prohibits visa applications "for the primary purpose of ensuring a child's U.S. citizenship by birth in the US."
It remains unclear how successful the president's latest attempt to restrict birthright citizenship will be. Trump has stated that he believes his actions are constitutional, and the initiative itself reflects his administration's desire to narrow the pool of people who can potentially become U.S. citizens.
"I thought we were going to win this case in the Supreme Court. Unfortunately, it was a bad, very unfair decision. Our country is suffering because of it, and we're going to resolve this issue in a different way," Trump said.
A key point of the anti-immigration agenda
The Migration Policy Institute, in a 2026 article, noted that obtaining a visa for the purpose of coming to the US and providing citizenship for a child is already considered fraudulent and can be grounds for denial. Previous administrations also attempted to crack down on "birth tourism" schemes, in which women were assisted in concealing their pregnancies upon entry into the US.
Birthright citizenship has become a key pillar of the anti-immigration agenda during Trump's second term. The president and his supporters argue that this provision turns the country into a magnet for immigration, while US citizenship should be granted to those who truly value it, not automatically to everyone born in the country.
The Trump administration is portraying "birth tourism" as a widespread problem. While there is no precise estimate of the number of such cases, according to the Migration Policy Institute, approximately 26 births per year can be classified as such out of the approximately 3,5 million births annually in the United States.
At the same time, migrant rights advocates and many legal experts insist that the Constitution clearly defines who is considered a citizen. They argue that birthright citizenship benefits the United States itself, as it gives everyone an equal stake in the country's future, and that limiting it will lead to the creation of "second-class citizens" in society.
Court decisions
In June, the Supreme Court rejected Trump's previous attempt to rule that children born to people in the United States illegally or temporarily are not citizens, upholding a broad interpretation of birthright citizenship.
The American Civil Liberties Union said the president's new attempt would likely also be rejected.
"The Supreme Court has already ruled on this issue: the right to citizenship by birth is guaranteed by the Constitution. And no new executive order can change its essence. Any attempt to rewrite this right through an executive order will end the same way as the previous one," said Cody Wofsy, deputy director of the organization's Immigrant Rights Project.
On the first day of his second term, Trump signed an executive order aimed at ending birthright citizenship, which automatically makes anyone born in the United States a citizen.
The administration immediately faced lawsuits from opponents who said the order violated the 14th Amendment to the Constitution, which was adopted after the Civil War and guarantees citizenship to everyone born in the country (with rare exceptions).
The document was blocked by several lower courts and has not yet entered into force.
In June, the Supreme Court overturned the decree by a 6-3 vote. However, the close vote raised concerns among human rights activists and legal experts, as the issue of birthright citizenship had long been considered settled.
When it came to whether this right was protected by the Constitution, the justices were even more divided. Only five of them held that it was expressly enshrined in the Constitution, while Justice Brett Kavanaugh overruled the ruling, but did so on the basis that the right to birthright citizenship is enshrined in federal law.
Miller called the new decree a de facto ban on so-called birth tourism, although it is unclear how it will supplement or amend existing regulations.
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The Court has previously recognized a number of exceptions to this rule and confirmed them in one of its most significant rulings this summer. However, these exceptions are limited to the children of diplomats and "enemy forces" under hostile occupation.
However, several conservative justices then argued that the Supreme Court's June 30 ruling effectively left loopholes for the birth tourism practice Trump feared.
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US citizenship by birth remains: Trump has not appealed to the Supreme Court again.
Lawyers use religious dogma in birthright citizenship case
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