U.S. Citizenship by Birth: Trump Signs New Executive Orders to Restrict the Right in 2026

The Donald Trump administration continues to pursue a policy of tightening immigration, despite the U.S. Supreme Court’s ruling on birthright citizenship. New executive orders dated August 6, 2026, impose additional restrictions and exclude certain categories of individuals from automatically qualifying for U.S. citizenship. Learn more about the content of the new orders, the groups of people they will affect, and the legal prospects for challenging these orders

Order an immigration guide and receive clear instructions for your legal relocation abroad

GET THE GUIDE

On August 6, 2026, U.S. President Donald Trump signed two executive orders aimed at restricting the right to citizenship by birth. Reuters reports on this. This initiative marks a second attempt by the administration after a previous, similar executive order was struck down by the Supreme Court in late June.

We’ll discuss the content of the new orders, the groups of people they may affect, and legal predictions regarding their fate later in this article.

Are you planning to move to the U.S. or have a child born in the United States in 2025?

The country’s immigration laws are changing rapidly, so it’s best to start your preparations by consulting a specialized attorney. On the Visit World portal, you can hire an immigration attorney and receive a step-by-step action plan tailored to your situation.

What do Trump’s new executive orders on citizenship entail?

Restricting the right to citizenship by birth is a priority of Trump’s immigration policy. In the new executive orders, the White House focuses primarily on so-called “birth tourism”—the practice whereby pregnant foreign women travel to the U.S. specifically so that their child can obtain U.S. citizenship.

After his defeat in the Supreme Court on June 30, Trump initially called on Congress to pass the necessary legislative changes, but ultimately decided to act on his own—through executive orders. Such documents define the policy of the executive branch but do not have the same legal force as laws passed by lawmakers.

According to the administration, the new directive goes beyond the scope of the Supreme Court decision that struck down the previous executive order. The argument centers on reinterpreting narrow historical exceptions to the general rule and expanding the list of individuals who will not be eligible for automatic citizenship.

What is the Trump Gold Card and why do investors view it with skepticism? — We explain it here.

Birth tourism as the key target of the restrictions

White House Counselor Stephen Miller stated during the signing ceremony in the Oval Office that, once the executive order takes effect, the practice of birth tourism will be prohibited. According to estimates by the Center for Immigration Studies, which advocates for immigration restrictions, between 20,000 and 25,000 mothers traveled to the U.S. in 2016–2017 to give birth. By comparison, a total of 3.6 million children were born in the United States in 2025.

Trump himself, during the signing ceremony, called the Supreme Court’s June 30 decision—passed by a 6-3 vote—a “very unfortunate decision.”

The president criticized a situation in which, he said, an entire business has been built around birth tourism. He characterized this practice as an attempt to buy the right to enter the country, which the administration has no intention of continuing to allow.

There are no official statistics on the number of foreigners who travel to the U.S. solely for the purpose of giving birth to a child to secure U.S. citizenship for that child. There are also no confirmed estimates of the associated costs to American taxpayers.

Visit World services for tourists, migrants, and expats: Insurance | Guides | Legal advice

Who will be affected by the new restrictions on U.S. citizenship?

The new executive orders expand the group of people whose children will not automatically receive U.S. citizenship. These categories include:

• children born in the U.S. to foreign government employees;
• children of individuals classified as enemy aliens;
• individuals born in U.S. territories—provided that Congress passes the proposed legislation to repeal automatic citizenship in those territories.

The previous executive order, signed by Trump on the first day of his term in 2025, had a broader scope. It required U.S. agencies not to recognize the citizenship of children born in the U.S. if neither parent was a U.S. citizen or a green card holder.

This provision applied to children of immigrants who were in the U.S. illegally or on a temporary basis. It was this executive order that was blocked by the Supreme Court as unconstitutional.

A detailed guide to working in the U.S. in 2026 — find it here.

The 14th Amendment and the Supreme Court’s Position on Birthright Citizenship

The 14th Amendment to the U.S. Constitution has traditionally been interpreted as guaranteeing citizenship to children born on U.S. soil. Historically, only certain categories were excluded from its scope—specifically, the children of foreign diplomats and members of hostile occupying forces. The wording of the so-called citizenship clause reads as follows: “All persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States and of the State in which they reside.”

Chief Justice John Roberts noted in a June 30 ruling that the framers of the 14th Amendment extended the guarantee of citizenship to every person born free in the country. In his words, citizenship is “the right to have rights” and the opportunity to participate freely in the life of the political community.

Trump himself interprets the history of the amendment differently. The president emphasized that the document was adopted immediately after the Civil War and primarily concerned the children of slaves, not modern migration processes.

By the way! The U.S. is launching a fee-based expedited interview scheduling service for B-1/B-2 visas.

Legal Prospects for Trump’s New Executive Orders

Legal experts predict that the executive orders issued on August 6 will almost inevitably be challenged in court.

It is currently unclear what practical effect they will have in light of the Supreme Court’s June ruling. Immigrant rights advocates have already called the new orders an attempt to circumvent the Supreme Court’s position, and the American Civil Liberties Union (ACLU) has predicted that the executive orders will be struck down in court.

Deborah Fleishaker, a former Biden administration official who now works for UnidosUS, emphasized that five weeks ago, the Supreme Court clearly established that birthright citizenship is not subject to presidential decisions and is a constitutional guarantee that has been in effect for over 150 years. According to her, the new executive orders are an attempt to circumvent that very ruling.

Zain Lahani, a representative of the Commission on Refugee Women, drew attention to the risks faced by pregnant women seeking to legally enter the U.S. during one of the most vulnerable periods of their lives. She called on the government to develop guidelines that comply with the Supreme Court’s ruling.

The highest-paying professions in the U.S. in 2026— are listed in this article.

Planning a Move to the U.S.: Legal Support

U.S. immigration law remains one of the most dynamic in the world, and the new executive orders regarding birthright citizenship add uncertainty for those planning to move, study, or have a child in the United States. To assess your chances in advance, select the appropriate visa category, and get answers to specific questions, it’s worth consulting with specialized attorneys. The Visit World portal offers an immigration guide for the U.S. that includes a list of current programs, document requirements, and the option to hire an immigration attorney.

Schedule a consultation with an immigration lawyer on the Visit World portal to receive a personalized plan for moving to the U.S. that takes into account the latest legislative changes!

Reminder! In our previous article, we discussed the 2026 U.S. Green Card and new USCIS rules for temporary visa holders.

Photo: Magnific

Products from Visit World for a comfortable trip:

We monitor the accuracy and relevance of our information, so if you notice any errors or inconsistencies, please contact our hotline.