President Donald Trump has once again turned his focus onto birthright citizenship, signing two new executive orders aimed at tightening the 14th Amendment rule that grants automatic citizenship to babies born on U.S. soil.
The first order expands the statutory definition of “non‑citizens” whose children are ineligible for birthright citizenship, targeting parents who are members of foreign terrorist groups, government employees, or have used fraud to obtain status. It also creates a new exception for parents living in U.S. territories where federal law does not confer citizenship.
President Trump explained at the Oval Office:
"This should have happened years ago, but we’re taking care of it now," he said, accusing the Supreme Court of damaging national interests by upholding the 2025 challenge to this policy.
"My Administration has guarded against the risks posed by malign foreign actors who attempt to swindle American citizens by taking advantage of the generosity of our Nation," the document states.
The second order as a whole bans the practice of birth tourism, a term that refers to pregnant mothers traveling to the United States specifically to give birth so their child automatically becomes a citizen. White House deputy chief of staff Stephen Miller was on hand during the signing and accused migrants of using the policy to infiltrate the U.S. and appear in the voting booth, gaining welfare access and other privileges.
Miller cited a 1965 section of the Immigration and Nationality Act that gives the president the authority to limit who may enter the United States for the purpose of giving birth. However, legal scholars argue the ability to retroactively revoke citizenship for new‑born children is unconstitutional.
"Once a child is born in the United States, I don’t think the president has any power to decide that child is not a citizen," University of California Davis professor Gabriel Chin told the BBC. He added that the Supreme Court ruling had effectively reinforced the 14th Amendment.
Migration Policy Institute estimates that between 22,000 and 26,000 babies were born in the U.S. from birth tourism last year—about 9,600 more than the 2024 figure found in official data.
While Trump’s appeal to protect national security may resonate with some, the new orders will likely face legal battles before they can be fully implemented. Continuing the fight over birthright citizenship could shape the U.S. political landscape for years to come.
