President Donald Trump signed two executive orders Thursday designed to curb what the administration calls exploitation of birthright citizenship laws, following a Supreme Court ruling earlier this year that invalidated his initial attempt to restrict automatic citizenship for children born on U.S. soil.
The Supreme Court ruled in June in a case known as Barbara that any person born in the United States obtains citizenship automatically, striking down a day-one Trump executive order that had sought to reinterpret the 14th Amendment. The new orders, while acknowledging the court’s decision, attempt to carve out exceptions the administration argues fall outside the scope of that ruling.
“United States citizenship is among the greatest inheritances the Nation can bestow,” one of the orders states. “It embodies a sacred bond between the American people and the Nation in which they live, and carries profound rights, privileges, and responsibilities reflective of the enduring allegiance of citizens to the United States and our Constitution.”
Exceptions for ‘Alien Enemies’ and Invaders
The first order, titled “Continuing to Protect the Meaning and Value of American Citizenship,” outlines several categories of births the administration contends are not covered by the Supreme Court’s Barbara decision. These include children born to what the order terms “alien enemies,” specifically children of individuals designated as members of Foreign Terrorist Organizations or Specially Designated Global Terrorists.
The order also addresses children born to individuals the administration considers “invaders” at the southern border. According to The Federalist’s reporting, Trump and Texas Governor Greg Abbott have both declared an invasion at the southern border, referring to unauthorized entries during and prior to the Biden administration. The executive order suggests that children born to those who entered the country under these circumstances would not be entitled to automatic citizenship.
Legal observers note this approach attempts to exploit what the administration views as a gap in the Supreme Court’s June ruling, which did not specifically address the question of children born to those deemed invaders under the Constitution’s invasion clause.
Diplomatic and Territorial Exclusions
The order further clarifies that children of foreign government employees, including ambassadors and embassy workers, are not entitled to birthright citizenship. According to the order, some diplomats have reportedly been obtaining U.S. citizenship for their children while stationed in the United States.
Additionally, the order specifies that anyone engaged in commercial enterprises designed to obtain American citizenship is barred from receiving it, and that children “born in a territory or territorial waters of the United States where citizenship is not conferred by Federal statute” would not automatically receive citizenship. American Samoa is currently the only U.S. territory where children born to noncitizens do not automatically receive American citizenship.
Crackdown on Birth Tourism Industry
The second executive order, “Ending Birth Tourism,” targets what the administration describes as a commercial industry built around obtaining U.S. citizenship for foreign nationals’ children.
“Citizenship is not a commodity to be acquired through calculated exploitation and evasion of the immigration laws, such as by entering the United States on a nonimmigrant visa for the purpose of giving birth within the Nation’s borders,” the order declares.
According to the order, birth tourism operators use deceptive advertising to entice foreign nationals to travel to the United States specifically to give birth, promising citizenship, access to public benefits, and short-term stays in specialized facilities. The order states these operators often coach clients to misrepresent the purpose and duration of their travel to consular and border officials to obtain entry visas.
Northern Mariana Islands Focus
The order identifies the Northern Mariana Islands, a U.S. territory located near China, as a major hub for birth tourism. According to the administration, there are currently more births to Chinese nationals in the territory than to American citizens, with all children born there obtaining U.S. citizenship. These new citizens typically return to China to be raised but retain the right to return to the United States as adults with full citizenship rights.
The “Ending Birth Tourism” order includes a retroactive provision requiring “denial of entry to, or removal of, any alien who previously engaged or plans to engage in birth tourism.” This language suggests the administration intends to bar from entry or deport individuals who have participated in birth tourism schemes, though the practical implementation and legal viability of such retroactive enforcement remains unclear.
Constitutional Questions Remain
The orders explicitly acknowledge the Supreme Court’s Barbara decision while attempting to structure the new restrictions in ways the administration believes fall outside that ruling’s scope. The orders rest on the premise that while the Supreme Court ruled on birthright citizenship broadly, specific categories—including children of terrorists, invaders, and those engaged in commercial citizenship schemes—were not directly addressed in that decision.
However, the orders also reflect an ongoing constitutional dispute between the executive and judicial branches. The first order notes that “both the executive and legislative branches are constitutional entities with their own responsibilities to interpret the Constitution,” language that signals the administration’s view that it is not bound to follow what it considers unconstitutional court decisions, even while structuring these particular orders to maintain technical consistency with the Barbara ruling.
The practical effect of these orders will likely depend on implementation by federal agencies and potential legal challenges. Given that the Supreme Court already struck down Trump’s initial birthright citizenship order, these new restrictions are likely to face immediate scrutiny in federal courts, particularly the retroactive provisions and the classifications of who qualifies as an “invader” or participant in birth tourism.
Source: thefederalist.com — https://thefederalist.com/2026/08/07/trump-moves-to-shut-down-birth-tourism-industry-after-scotus-affirmed-squatter-citizenship/