Trump signs executive orders tightening birthright citizenship rules and banning birth tourism

President Donald Trump signed two executive orders on Thursday aimed at narrowing the scope of birthright citizenship and outlawing birth-tourism. The first order broadens the definition of non-citizens whose children are ineligible for automatic citizenship, targeting babies born to parents who are members of foreign terrorist groups, foreign government employees, individuals who have attempted fraudulent naturalisation, or residents of U.S. territories where citizenship is not granted by federal law. The second order bans the practice of pregnant women travelling to the United States solely to give birth so their children obtain citizenship.

Trump said the measures address a problem that should have been tackled earlier and criticised the Supreme Court’s recent ruling that rejected his earlier attempt to end birthright citizenship. "This should have happened years ago, but we're taking care of it now," he said from the Oval Office.

White House deputy chief of staff for policy Stephen Miller described birth-tourism as a scheme in which visitors allegedly seek U.S. citizenship for their children to later access welfare benefits and voting rights. He asserted that the president has authority under the Immigration and Nationality Act to set limits on entry for such purposes.

The Migration Policy Institute estimates that 22,000 to 26,000 babies are born each year through birth-tourism, though government data for 2024 recorded 9,600 births to mothers with foreign addresses. Legal scholars, including UC Davis law professor Gabriel Chin, noted that while the administration may have some power to restrict entry for the purpose of childbirth, the Constitution’s 14th Amendment likely prevents the president from revoking citizenship once a child is born on U.S. soil. Chin said parts of the order could survive legal scrutiny, but other provisions raise serious constitutional questions.