President Donald Trump has announced new executive actions aimed at restricting birthright citizenship, despite a previous Supreme Court ruling that rejected similar efforts.
WASHINGTON (AP) — President Donald Trump has once again set his sights on limiting birthright citizenship for individuals born in the United States. This announcement comes in the wake of a Supreme Court ruling that previously rejected his administration’s attempts to curtail this right.
On Thursday, Trump revealed that he would be signing two executive actions related to immigration. One of these actions specifically targets the eligibility of individuals for U.S. citizenship based on their birthplace, while the other aims to address what Trump refers to as “birth tourism.”
The executive order released later in the day was narrower in scope than the previous attempt that was struck down by the Supreme Court. It appears to focus on restricting automatic citizenship for specific categories of individuals, including children born to parents affiliated with foreign embassies or organizations, as well as those deemed “alien enemies” of the United States.
Additionally, the order seeks to limit birthright citizenship for children whose parents engaged in fraudulent activities to obtain citizenship.
The second executive order aims to combat birth tourism by imposing stricter regulations on visitors seeking visas to give birth in the U.S.
It remains uncertain how effective Trump’s latest efforts will be in restricting birthright citizenship. The president expressed confidence that his actions would be constitutional, asserting that his administration’s commitment to revisiting this issue reflects a broader desire to control who qualifies for American citizenship.
“I thought we were going to win it at the Supreme Court. Unfortunately, we had a bad decision, very unfair decision. Our country suffers because of it and we’re ending it a different way,” Trump stated.
The Migration Policy Institute noted in a 2026 article that seeking a visa specifically to give birth in the U.S. is already considered fraudulent and grounds for visa denial. Previous administrations have also pursued legal action against so-called “birth tourism” schemes that assist women in concealing their pregnancies while traveling to the United States to give birth.
Birthright citizenship has emerged as a pivotal issue in Trump’s anti-immigration agenda during his second term. The president and his supporters argue that this policy attracts excessive immigration and that American citizenship should be reserved for those who genuinely value it, rather than being automatically granted to anyone born on U.S. soil.
However, immigration advocates and legal experts contend that the Constitution clearly defines citizenship rights. They argue that birthright citizenship is beneficial to the United States, as it ensures that all individuals have an equal stake in the nation’s future. Restricting citizenship eligibility, they warn, could lead to the creation of a second-class status for certain individuals in America.
The Trump administration has characterized birth tourism as a significant issue. While there is no official estimate of how many births fall under the category of “birth tourism,” the Migration Policy Institute estimates that around 26,000 of the approximately 3.5 million births in the U.S. each year may be attributed to this phenomenon.
In June, the Supreme Court rejected Trump’s previous attempts to assert that children born to individuals in the U.S. illegally or temporarily are not American citizens. The Court upheld a broad interpretation of birthright citizenship.
The American Civil Liberties Union (ACLU) has predicted that Trump’s renewed efforts will also face legal challenges. Cody Wofsy, deputy director of the ACLU’s Immigrants’ Rights Project, stated, “The Supreme Court already decided this issue: Birthright citizenship is guaranteed by the Constitution. No additional executive order can change the meaning of the Constitution. Any executive order that tries to rewrite birthright citizenship will meet the same fate as the last one.”
On the first day of his second term, Trump signed an executive order aimed at ending birthright citizenship, which automatically grants citizenship to anyone born in the United States. This order faced immediate legal challenges from opponents who argued that it violated the 14th Amendment, which was adopted after the Civil War to ensure citizenship for all individuals born in the country, with very few exceptions.
The executive order was blocked by several lower courts and ultimately never took effect. In June, the Supreme Court struck down Trump’s order with a 6-3 vote. However, the close vote raised concerns among immigration advocates and legal observers who believed that the legal question surrounding birthright citizenship had already been settled.
When it came to the constitutional protection of birthright citizenship, the vote was even narrower, with only five justices affirming its enshrinement in the Constitution. Justice Brett Kavanaugh rejected the executive order, but did so specifically on the grounds that federal law guarantees birthright citizenship.
As the Trump administration continues to pursue these new executive actions, the debate over birthright citizenship remains a contentious issue in American politics.
According to The Associated Press, the implications of these actions will likely unfold in the coming months as legal challenges arise.