Trump signs 2 orders narrowing birthright citizenship after court loss

President Donald Trump signed two executive orders Thursday targeting birth tourism and expanding who is ineligible for birthright citizenship, one month after the Supreme Court struck down his broader executive order on the 14th Amendment guarantee.

"If birth tourism is a problem, the answer is to enforce that regulation," Amanda Frost, a University of Virginia immigration law professor, told PolitiFact in March.

The orders apply only to future births tied to four categories: children of foreign diplomatic staff, alien enemies including federally declared terrorist groups, births in U.S. territories if Congress changes the law, and children born of mothers who deceptively enter the U.S. for the sole purpose of giving birth. The Center for Immigration Studies estimated 20,000 to 25,000 mothers came to the U.S. for birth tourism in a year-long period between 2016 and 2017, out of 3.6 million total U.S. births in 2025.

The orders are certain to face legal challenges as violations of the 14th Amendment, which guarantees citizenship to nearly everyone born in America. The administration argues the Supreme Court's June 30 ruling still grants authority to limit citizenship under longstanding exceptions recognized by the court.

The second executive order directs the secretary of state and the Department of Homeland Security secretary to issue rules and guidance to stop birth tourism and target the industry at home and abroad. U.S. law already bans getting a tourist visa "for the primary purpose of obtaining U.S. citizenship for a child by giving birth in the United States," and immigration officials can deny a pregnant foreign national entry if they determine she's entering for the purpose of giving birth.

The House Oversight Committee is investigating birth tourism centers and in May requested documents from "Have My Baby in Miami," a company operating in the Miami area. "The benefits of U.S. citizenship are a unique privilege," the committee wrote. "However, as foreign expectant mothers traveling for this purpose come predominantly from China and Russia, there are concerns that the birth tourism industry is giving rise to potential national security and election integrity threats posed by adversarial nations that challenge U.S. interests."

The Justice Department has told U.S. attorneys' offices and the Criminal Division to prioritize the prosecution of birth tourism schemes, according to Bloomberg Law. Stepped-up enforcement could result in intense scrutiny of visa applicants and travelers to the U.S. and charges for people facilitating birth tourism, former consular officials and federal prosecutors said.

Birth Tourism's Economic Footprint

Estimates about the number of children born through birth tourism range from the low thousands to the tens of thousands. The industry has been concentrated in cities like Miami, Los Angeles, and New York, where dedicated birth tourism centers offer packages that include housing, medical care, and citizenship paperwork. A crackdown could hit U.S. hospitals and maternity services that cater to international patients, along with real estate and hospitality businesses in areas popular with birth tourists.

The Supreme Court's June 30 ruling in Trump v. Barbara struck down the president's Inauguration Day executive order that sought to deny automatic citizenship to children born of noncitizens in the U.S. The court recognized that the 14th Amendment's citizenship clause has longstanding exceptions — including for children of foreign diplomats and invading armies — but rejected the administration's broader interpretation.

Court Challenges Loom

Trump has called on Congress to act on birthright citizenship, writing on Truth Social in March that "Birthright citizenship is not about rich people from China, and the rest of the World, who want their children, and hundreds of thousands more, FOR PAY, to ridiculously become citizens of the United States of America."

Legal challenges to the new orders are expected to be filed quickly, with immigration advocates arguing the administration is attempting to circumvent the Supreme Court's ruling. The orders' birth tourism provision is the most likely to face scrutiny, as it relies on a fraud-based argument that could be difficult to prove in individual cases.

The administration's approach mirrors its strategy on other immigration policies: narrow the scope after a court defeat, then test the boundaries of what the courts will accept. If the birth tourism order survives judicial review, it could set a precedent for further restrictions on citizenship eligibility.

This article is for informational purposes only and does not constitute investment advice.