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United States·Democracy·Migration

Trump signs new executive orders attempting to restrict birthright citizenship, weeks after Supreme Court ruling[Updated]

Friday, 7 August 2026, 06:05 · 2 min read
Updates
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Legal experts have raised doubts about the orders' prospects, with Nicole Hallett, director of the Immigrants' Rights Clinic at the University of Chicago Law School, saying the order narrowing birthright citizenship is "very unlikely to succeed" given that the Supreme Court already made clear Trump lacked that power. The administration argues the new directives fall outside the scope of the June ruling because they target narrower, historically recognised exceptions to birthright citizenship rather than the broad categories struck down previously. Migration Policy Institute analyst Colleen Putzel-Kavanaugh flagged particular uncertainty around the foreign terrorist organisation provision, noting it remains unclear who would determine membership and whether the burden of proof would fall on the government or the individual. The Centre for Immigration Studies estimated that between 20,000 and 25,000 mothers travelled to the US for birth tourism in a single year between 2016 and 2017, though specialists have described the phenomenon as marginal.

Sources
Original story

President Donald Trump signed two new executive orders on Thursday aimed at limiting birthright citizenship, just five weeks after the US Supreme Court struck down his previous attempt to do the same. The move signals that Trump, undeterred by a 6-3 court defeat in June, intends to keep pressing his decade-long campaign to narrow who qualifies for automatic US citizenship at birth.

The first order seeks to expand the categories of people whose US-born children would be ineligible for automatic citizenship, including, according to senior adviser Stephen Miller, children of members of "foreign terrorist organisations" and people who act on behalf of foreign governments. The second targets so-called "birth tourism" — the practice of travelling to the United States specifically to give birth and secure citizenship for a child. "They've taken birthright citizenship and they've made a joke out of it," Trump told reporters in the Oval Office, adding that he believes his new orders are constitutional. Trump's claim that "hundreds of thousands" of people engage in birth tourism appears significantly overstated: the nonpartisan Migration Policy Institute estimates the figure at between 22,000 and 26,000 births annually, with government data suggesting just 9,600 births in 2024 to mothers with foreign addresses.

Birthright citizenship in the United States is guaranteed by the 14th Amendment to the Constitution, ratified in 1868 in the aftermath of the Civil War. It declares that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens." On the first day of his second term, Trump issued an executive order arguing that children born to parents in the country illegally or on temporary visas fell outside that protection. Lower courts blocked the order, and in June the Supreme Court upheld a broad conception of birthright citizenship, with Chief Justice John Roberts writing that the amendment's promise of citizenship was one the court was bound to keep.

Civil liberties groups moved swiftly to condemn the new orders. The American Civil Liberties Union (ACLU) predicted they would meet the same legal fate as the last. "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," said Cody Wofsy, deputy director of the ACLU's Immigrants' Rights Project.

The episode is the latest chapter in a campaign Trump has pursued since at least 2015, when he first promised to end what he called the scourge of "anchor babies" — a derogatory term for US-born children of undocumented immigrants. Legal scholars have long held that ending birthright citizenship would require a constitutional amendment, not an executive order, making Thursday's actions widely expected to face immediate court challenges. The administration's efforts sit within a broader immigration agenda that also includes mass deportations and the removal of deportation protections for nationals of more than a dozen countries.

Sources
France24 — Trump targets 'birth tourism' in new bid to curb birthright citizenship ↗︎PBS NewsHour — WATCH: Trump signs executive orders imposing new limits on birthright citizenship ↗︎The Guardian — ACLU blasts Trump’s new orders on birthright citizenship, saying they are doomed to fail in court– as it happened ↗︎The Guardian — Trump’s birthright citizenship attack the latest effort in obsessive campaign ↗︎
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