Trump Tries Again to Limit Citizenship by Birth

President Donald Trump said on August 6, 2026, that he was signing two new orders on immigration: one to limit who becomes a U.S. citizen by being born here, and one to stop "birth tourism" (NPR).
The White House published the order under the title "Continuing to Protect the Meaning and Value of American Citizenship," with a fact sheet called "Trump Ends Birth Tourism and Protects the Meaning and Value of American Citizenship" (White House).
The first order tries to reduce the number of people who automatically become citizens because they were born in the United States. The second targets "birth tourism" — when someone travels to the U.S. on a visitor visa to give birth so their child becomes a citizen. The order would tighten visa rules to make that harder (NPR).
Trump said he thought the orders would be constitutional but did not give more details (NPR).
The new orders come after a loss at the Supreme Court on the same topic. On his first day back in office, Trump signed an order in January 2025 to end automatic citizenship for children born in the U.S. whose parents are not citizens or lawful permanent residents. That order applied to babies born after February 19, 2025 (NPR; Reuters; NAACP Legal Defense Fund).
Groups challenged that order right away. They said it violated the 14th Amendment, which was added to the Constitution after the Civil War. That amendment says anyone born in the United States is a citizen, with very few exceptions. Several courts blocked the order, and it never went into effect (NPR).
In June 2026, the Supreme Court rejected Trump's earlier effort to say that children born to people in the country illegally or temporarily are not citizens. The court struck down the order by a 6-3 vote (NPR).
That 6-3 margin worried immigration advocates and legal experts who had considered the question settled for a long time (NPR).
The January 2025 order, titled "Protecting the Meaning and Value of American Citizenship," argued that the 14th Amendment does not cover people born in the U.S. who are not fully "subject to the jurisdiction" of the country (White House). Press Secretary Karoline Leavitt said at a January 2025 briefing that the administration believes birthright citizenship is unconstitutional (White House). A November 2025 White House release described the order as ending birthright citizenship for the children of undocumented immigrants (White House).
A PBS fact-check estimated that the original order, if put in place, would have affected about 255,000 babies born each year over decades (PBS).
The broader context here is a president pushing the limits of his power on immigration less than two months after the Supreme Court struck down his main citizenship order by a single vote. The June ruling found that the earlier order went beyond presidential power under the 14th Amendment. The administration is now back with a new order it calls a "continuation" of the same policy. Trump's statement that the new actions are constitutional, without explaining why, leaves their legal basis unclear until the White House provides more detail.
The birth tourism part may follow a different legal path. Visa rules for visitors are handled by the State Department, which may give the administration more room to act than on the citizenship question, where the 14th Amendment and the Supreme Court's June ruling set direct limits. Key questions remain unanswered: how the two new orders are structured, whether the citizenship part differs from the order the court struck down, and what legal argument the administration will make to set the new order apart from the old one.
What is clear is that the administration plans to keep pushing on both issues. The title "Continuing to Protect the Meaning and Value of American Citizenship" shows the White House sees the August 2026 actions as a follow-up, not a retreat, from the January 2025 order. Whether courts agree with that view will determine if the new orders take effect or get blocked like the last one.


