Why It Matters
President Trump signed executive orders on Thursday targeting birthright citizenship through two separate mechanisms: one banning birth tourism and another narrowing who qualifies for citizenship at birth. The orders represent a continued effort to reshape immigration policy after the Supreme Court blocked his earlier attempt to eliminate birthright citizenship entirely.
What Happened
Trump signed the orders on August 6, directing the executive branch to restrict access to birthright citizenship based on parental immigration status and citizenship. Stephen Miller, the White House Deputy Chief of Staff and Homeland Security Advisor, stated that birth tourism practices are now prohibited under the new executive orders.
Miller cited Immigration and Nationality Act Section 215(a) as the legal basis for the president’s authority to issue the orders. He outlined that ineligible groups would include those designated as “alien enemies,” members of foreign terrorist organizations, and individuals lobbying on behalf of foreign governments.
Trump claimed that “hundreds of thousands” of people exploit birth tourism annually. However, Solicitor General John Sauer acknowledged during Supreme Court arguments in April that exact prevalence figures remain uncertain, telling Chief Justice John Roberts that “No one knows for sure.” Sauer cited media reports estimating more than 1.1 million cases globally, with some estimates suggesting 1.5 million cases from the People’s Republic of China alone, and referenced congressional reports documenting Russian elites arranging births in Miami through birth tourism companies.
Trump deferred constitutional questions regarding the orders to White House Counsel Will Scharf, indicating the administration expects legal challenges.
By the Numbers
August 6, 2026 — Date Trump signed the executive orders
Hundreds of thousands — Trump’s estimate of annual birth tourism cases
1.1 million — Media report estimate cited by Solicitor General Sauer
1.5 million — Alternative estimate attributed to People’s Republic of China cases alone
Section 215(a) — Immigration and Nationality Act provision cited as legal authority
Zoom Out
The orders mark the latest phase in Trump’s campaign to restrict birthright citizenship, a constitutional right enshrined in the Fourteenth Amendment. Trump first signed a birthright citizenship order on his first day of his second term in January 2025, but the Supreme Court struck down that earlier attempt in a June decision upholding the constitutional basis for birthright citizenship.
The administration’s approach has expanded beyond executive action. The Trump administration has filed 27 lawsuits against sanctuary cities and states challenging their immigration enforcement policies, and has used keyword filters to block California research grants worth billions, part of a broader effort to enforce immigration policy across federal operations.
Birth tourism—the practice of pregnant women traveling to the United States to ensure their children receive U.S. citizenship—has emerged as a focal point in the immigration debate. Proponents of restrictions argue it strains social services and represents an unintended loophole in immigration law. Opponents contend that births on U.S. soil are constitutionally protected regardless of parental status, and that enforcement mechanisms targeting pregnant women raise humanitarian concerns.
What’s Next
Legal challenges to the executive orders are expected. The Supreme Court’s June decision affirming birthright citizenship suggests courts may scrutinize whether the orders conflict with constitutional protections. Scharf’s involvement signals the administration is preparing for litigation over the constitutional scope of executive authority to limit citizenship eligibility based on parental status or foreign affiliation.
The administration’s immigration enforcement agenda continues on multiple fronts, including plans for deportation arrests and data centers affecting communities across the country.