Trump Signs New Orders Targeting Birthright Citizenship After Supreme Court Ruling

President Donald Trump signed two new executive orders on August 6, 2026, seeking to further restrict birthright citizenship and address so-called “birth tourism.” The orders come only weeks after the U.S. Supreme Court ruled that children born in the United States to parents who are unlawfully or temporarily present are citizens at birth under the Fourteenth Amendment.

The new orders do not simply revive the administration’s previous attempt. Instead, they target specific categories of children and direct federal agencies to take action against birth tourism.

What the New Orders Target

The first order, titled “Continuing to Protect the Meaning and Value of American Citizenship,” attempts to expand circumstances in which a child born in the United States would not receive citizenship automatically.

Among other categories, the order targets children whose parents are foreign government employees, members of foreign terrorist organizations, or involved in certain alleged fraudulent activities related to obtaining U.S. citizenship. Some of these circumstances involve longstanding exceptions to birthright citizenship, such as children of foreign diplomats.

The second order, titled “Ending Birth Tourism,” directs the Department of State and Department of Homeland Security to prioritize efforts against individuals suspected of traveling to the United States primarily to give birth and obtain U.S. citizenship for their child.

The administration has indicated that this could include stricter visa enforcement against individuals suspected of engaging in birth tourism.

Supreme Court Already Reaffirmed Birthright Citizenship

The timing of these orders is significant.

On June 30, 2026, the Supreme Court ruled in Trump v. Barbara that children born in the United States to parents who are unlawfully or temporarily present are “subject to the jurisdiction” of the United States and therefore are citizens at birth under the Fourteenth Amendment.

The Court's decision directly rejected the legal basis of Trump's 2025 executive order, which sought to deny citizenship to certain U.S.-born children based on their parents' immigration status.

The administration's new orders are narrower in scope, but their legality is likely to face further challenges in federal court. Legal organizations challenge whether the executive branch can impose restrictions that conflict with the constitutional and statutory protections recognized by the Supreme Court.

What Families Should Do

For now, families should not assume that these new executive orders immediately change the citizenship status of children born in the United States.

Parents who are pregnant, planning to travel to the United States, or expecting a child should carefully review their immigration and travel circumstances. Misrepresentations regarding the purpose of a trip can create serious immigration consequences, regardless of whether the child ultimately receives U.S. citizenship.

Because the legal situation may continue to develop through litigation, families affected by these orders should avoid relying on social media or general information when making immigration decisions. It is imperative to obtain specific legal advice on each person's individual circumstances.

Tran Flores Law can review your specific circumstances and explain how current immigration laws and policies may affect you. To schedule a consultation, contact Tran Flores Law at (512) 894-9984.