On August 6, 2026, President Donald Trump issued two Executive Orders seeking to restrict birthright citizenship and prevent what the administration calls “birth tourism.” The orders come just five weeks after the Supreme Court’s June 30 decision in Trump v. Barbara, which reaffirmed that nearly all children born in the United States are U.S. citizens at birth, regardless of their parents’ immigration status. This announcement carries immediate implications for visa adjudication, USCIS citizenship determinations, and litigation risk.
What changed
The first order, “Continuing to Protect the Meaning and Value of American Citizenship,” directs federal agencies not to recognize U.S. citizenship for certain children born in the United States when neither parent is a U.S. citizen. The order excludes children from birthright citizenship when either parent is a “foreign government employee,” including ambassadors, certain foreign embassy or consulate employees, foreign government employees, and employees of international organizations with immunity. While the Supreme Court has long recognized an exception for children of accredited foreign diplomats because diplomatic immunity places their parents outside ordinary U.S. jurisdiction, the new Executive Order extends this exception to broader categories of foreign government and international organization employees. Miller said people who would be ineligible to obtain citizenship by birthright would include “alien enemies of the United States, members of foreign terrorist organizations and large categories of people who lobby and act on behalf of foreign governments.”
The second order, “Ending Birth Tourism,” focuses on the parents rather than the citizenship of their children. It directs the Departments of State and Homeland Security to take action against foreign nationals who use nonimmigrant visas to enter the United States for the purpose of giving birth, including potentially denying or revoking visas, refusing entry, and taking action against individuals or organizations that facilitate birth tourism. The order directs the U.S. Department of State to strengthen visa screening procedures and identify applicants who intend to travel to the United States to give birth. The order instructs consular officers to deny nonimmigrant visa applications when they have reason to believe the applicant will engage in birth tourism.
Executive Order 14418 directs heads of federal agencies to issue guidance by September 5, 2026 on how the order will be implemented.
Why it matters
For visa adjudicators, the birth-tourism order introduces new screening criteria for nonimmigrant visa applications, particularly tourist and temporary visitor visas. Consular officers will need to evaluate whether applicants—especially pregnant women or those within childbearing years—intend to give birth while in the U.S. Immigration advocacy organizations have raised concerns that the broad language in the orders may lead to inconsistent enforcement and potential discrimination against pregnant travelers regardless of their visa category or intent.
For USCIS and EOIR adjudicators, the birthright-citizenship order redefines which U.S.-born children qualify for automatic citizenship. The Court held that the Fourteenth Amendment’s Citizenship Clause establishes a broad territorial rule of citizenship, subject only to a small number of longstanding exceptions. The executive order purports to expand those exceptions—but does so after a Supreme Court decision that explicitly reaffirmed the narrow scope of permissible exceptions. Adjudicators will face pressure to apply the order while recognizing that courts may block it.
The scope of the issue, however, appears relatively limited. Even the highest estimates of births of this type represent less than 1% of the more than 3.7 million births in the United States each year. Nevertheless, the orders signal aggressive enforcement.
Way forward
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Visa applicants (especially F-1, H-1B, and tourist visa holders): If you are pregnant or planning pregnancy during a U.S. stay, consult with an immigration attorney before applying for any nonimmigrant visa. Disclose accurate intent on visa applications and be prepared to explain any pregnancy-related expenses or medical appointments scheduled during your intended stay.
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Practitioners advising nonimmigrant clients: Counsel pregnant clients to avoid visa applications until after childbirth or to use different visa categories with stronger ties to home country. Document non-immigrant intent meticulously in client files.
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Practitioners with pending citizenship cases: Monitor the September 5, 2026 deadline for agency guidance. Expect litigation. Consider filing preemptive motions in cases where U.S.-born clients’ citizenship is at stake; the Trump v. Barbara plaintiffs and other civil rights organizations have already announced challenges to the new order.
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All practitioners: Monitor federal court filings. Executive Order 14418 is unlawful, and the Asian Law Caucus and our partners at the ACLU, Legal Defense Fund and Democracy Defenders Fund, are challenging the executive order in court. Preliminary injunctions or temporary restraining orders may alter implementation timelines.
Disclaimer
Fola Editorial is a software company, not a law firm, and this article is not legal advice. You should consult with a licensed immigration attorney in your jurisdiction before making any filing or legal decision. Immigration policy can change without notice. Verify this information against the primary source documents linked above and the agencies’ official website before relying on it for client advice.