President Trump signed two executive orders on Thursday in his latest effort to refuse citizenship to some children born in the United States, after the Supreme Court struck down his earlier executive order aiming to end birthright citizenship. This announcement comes just weeks after the Supreme Court ruled 6-3 that the president’s first executive order, which he issued on his first day in office in 2025, was unlawful and out of step with the 14th Amendment.
What changed
The first order expands the categories of people the administration considers ineligible for birthright citizenship, including “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 was issued “for the first time ever in American history to ban birth tourism.” Under the measures signed Thursday, citizenship would not be conferred upon children born to mothers who enter the US for the sole purpose of having a child in the country, a practice known as “birth tourism.” Those born to people deemed to be alien enemies, foreign terrorists and foreign agents would also be ineligible.
White House officials said the new directives rely on existing executive and immigration authorities and are intended to narrow eligibility for automatic citizenship in certain cases while cracking down on foreigners who travel to the United States to give birth.
Why it matters
The orders signed on Thursday were far more narrow than Trump’s previous attempt to restrict the practice, which confers citizenship to nearly all children born on US soil. Rather than challenge the 14th Amendment directly, these orders attempt to work within existing precedent by expanding narrow exceptions to birthright citizenship.
For immigration practitioners, this means:
- Citizenship adjudication: USCIS and consular officers will now apply expanded definitions of people ineligible for birthright citizenship, affecting children of foreign agents, terrorists, and enemy nationals.
- Visa applications: The administration will deny visas to people who seek to enter the United States “to have a child, to make that child an automatic citizen” as well as those who organize such trips. This creates new visa eligibility and ineligibility categories.
- Litigation risk: It’s Trump’s second attempt to curb birthright citizenship in the U.S. and is sure to be challenged in court as a violation of the 14th Amendment, which guarantees citizenship to nearly everyone born in America.
Way forward
- For practitioners advising on U.S. birth citizenship: Review each client’s circumstances against the newly expanded ineligible categories. Document the purpose of any client’s entry into the United States and whether any category exclusion applies.
- For visa practitioners: Anticipate that consular officers will begin applying the birth tourism visa denial authority. Brief clients on potential visa interview questions regarding intent to give birth and eligibility.
- Monitor litigation: These orders will face legal challenges. Practitioners should monitor federal court decisions, as injunctions or final rulings may affect implementation timelines and reach.
- Verify with primary source: Read the full text of both executive orders (when published in the Federal Register) to identify all expanded categories and procedural requirements for visa denials and citizenship determinations.
Disclaimer
This article is provided for general informational purposes only and does not constitute legal advice. Immigration law is complex and subject to frequent change. Consult a licensed immigration attorney to discuss your specific circumstances and how these executive orders may affect you. Policy can change without notice, and courts may ultimately block or modify these orders. Always verify against the primary source and current agency guidance before making decisions.