White House Signs Two Orders Targeting Birthright Citizenship

On August 6, 2026, the White House signed two executive orders aimed at narrowing birthright citizenship and shutting down birth tourism. These follow a Supreme Court decision that rejected the Trump administration's broader attempt to change who counts as a citizen at birth.

The first order directs federal agencies to stop issuing citizenship documents to a specific list of children, including those born to foreign diplomats, alleged terrorists, or parents who paid to have a child born on U.S. soil. The second order gives the State Department and the Department of Homeland Security (DHS) new power to deny, cancel, or revoke visas for anyone found to be traveling to the U.S. for the purpose of giving birth.

Both orders build on the narrow exceptions the Supreme Court preserved in its June 30 ruling in Trump v. Barbara. They are both effective immediately, even though the federal agencies mentioned still need to publish guidance on how they'll carry them out.

What do the two executive actions actually change?

Here's what changes under each order, according to the White House and its fact sheet:

• Citizenship documents: Federal agencies must stop issuing or accepting citizenship documents for a child when neither parent is a U.S. citizen and a parent fits one of four categories:
  • A member of a designated foreign terrorist group,
  • A foreign government employee such as a diplomat or embassy staffer,
  • Someone who used a paid arrangement (including surrogacy) to have the child born here, or
  • Someone who gave birth in a U.S. territory that doesn't grant citizenship by federal statute.
• Visas: The Ending Birth Tourism order lets the Secretary of State and the Secretary of Homeland Security deny a visa, revoke one already issued, permanently bar entry, or remove someone who traveled to the U.S. specifically to give birth.
• Exceptions: Both orders allow case-by-case exceptions on humanitarian grounds or when the government decides someone's entry serves the national interest.
• Timeline: Agencies have 30 days from the signing date to publish guidance on how they'll implement the citizenship order. The birth tourism order doesn't set a public deadline for its own guidance, so the exact enforcement mechanics are still coming.

How has the U.S. government addressed birth tourism and birthright citizenship in the past?

The latest executive orders are not the first time the U.S. government has targeted birthright citizenship or birth tourism.

In January 2025, the Trump administration signed Executive Order 14160, which tried to deny birthright citizenship to those born to undocumented parents or parents on temporary visas. The Supreme Court ruled against this, but left in place only the long-standing, narrow exceptions the Court has recognized for more than a century, like children born to foreign diplomats.

This isn't the only time either. Earlier in January 2020, the State Department finalized a rule that makes it harder for a pregnant traveler to get a B-1/B-2 visitor visa. That policy has not gone away, and Manifest immigration attorney Ana Gabriela Urizar says the new birth tourism order goes further than that rule. “This new executive action lets the government revoke a visa someone already holds, bar them from returning, or remove them from the country entirely,” she says.

How does birth tourism affect the U.S. immigration system?

No federal agency tracks birth tourism directly. Unofficial estimates on this topic vary widely, from roughly 5,000 to 26,000 births a year. However, even the high end of that range comes out to less than 0.01% of the total U.S. population, or about one in every 13,000 people.

“Even during the oral arguments in Trump v. Barbara, the government's own lawyer told the justices that ‘no one knows for sure’ how large the birth tourism problem actually is,” Urizar says. “It's important to keep that in perspective when it comes to this policy, as it may affect a minute population.”

Disclaimer: This content is for informational purposes only and is not legal advice. If you have questions about how this news may impact your case, we encourage you to speak with an immigration attorney before taking any action.