Key Points of New Orders Limiting Birthright Citizenship

President Donald Trump signed two new executive orders to restrict birthright citizenship and combat so-called «birth tourism.» The decision comes weeks after the Supreme Court rejected his first attempt to eliminate that constitutional guarantee.

During the signing in the Oval Office, the president was accompanied by Stephen Miller, the principal architect of his immigration policy. Trump defended the legality of his new directives and called the Supreme Court’s decision «very unfortunate.»

For the Latino community, these measures revive fears of strict enforcement of immigration laws. However, civil rights advocates maintain that automatic citizenship remains in effect and say they will bring these new restrictions before the courts.

What Are the New Decrees Attempting to Change?

The first order seeks to identify categories of children of foreigners who would not have the right to birthright citizenship. According to Stephen Miller, the measure expands the definition of people not subject to U.S. jurisdiction.

Historically, the only exceptions have been children of foreign diplomats or those born during hostile occupation. Now, the government aims to include children of foreign citizens who work for certain governments, international organizations such as the U.N., or who belong to alleged criminal or terrorist groups.

The second order directly targets «birth tourism.» The text delegates authority to the Secretaries of State and Homeland Security to deny visas and prohibit entry to travelers seeking to enter solely for the purpose of having their children born in the country and obtaining a passport.

The decree also seeks to punish «facilitators.» The White House argues that commercial operators exist who use deceptive advertising and offer packages that include hotel and hospital stays, promoting this practice as an industry.

What Did the Supreme Court Recently Decide?

The context of these executive orders is key. On June 30, 2026, the Supreme Court dealt a blow to the Republican immigration agenda. In the case Trump v. Barbara, the judges ruled that birthright citizenship applies to virtually all children born in the country, regardless of their parents’ immigration status.

With a 6-3 vote, the court invalidated Executive Order 14160, which Trump had signed at the beginning of his second term. That first order sought to deny citizenship to children of undocumented immigrants or people with temporary visas.