Trump Issues New Birthright Citizenship Orders After Supreme Court Defeat

The orders, signed August 6, 2026, direct the secretaries of state and homeland security to curb commercial birth tourism, where pregnant women travel to the U.S. to give birth and secure citizenship for their children. The first order narrows eligibility for birthright citizenship, exempting children of foreign diplomats, members of alleged terrorist groups, and those born in U.S. territories where citizenship is not granted under federal law.

Trump argued the 14th Amendment, ratified in 1868 to grant citizenship to formerly enslaved people, has been misused. "This was done right after the Civil War. This was for the babies of slaves, and what's happening now? People are building businesses around it," he said. Chief Justice John Roberts, in a previous ruling, called this a "dramatically revisionist view," adding, "The Framers of the Fourteenth Amendment extended that promise to 'every free-born person' in this land. We keep that promise today."

The move follows the Supreme Court's rejection of Trump's earlier executive order on birthright citizenship, which he described as a "very unfortunate decision." Stephen Miller, White House deputy chief of staff, defended the new orders, saying the current system gives non-citizens access to welfare benefits, the voting booth, and other rights that "belong solely to Americans."

The American Civil Liberties Union condemned the orders, stating, "The Supreme Court already decided on this issue: Birthright citizenship is guaranteed by the Constitution. Any executive order that tries to attack birthright citizenship will meet the same fate as President Trump's last one."

The White House says the administration has deported over three million illegal aliens, including thousands convicted of violent crimes, and has paused visa processing for 75 countries it deems high-risk. According to the Migration Policy Institute, an estimated 22,000 to 26,000 babies are born annually in the U.S. through birth tourism, though government data recorded about 9,600 such births in 2024.