Trump Moves to Shut Down Birth Tourism After Supreme Court Victory
New executive orders target automatic citizenship for children of illegal immigrants and tourist visa holders following landmark June ruling.
President Trump signed two executive orders Thursday targeting birth tourism and birthright citizenship, capitalizing on the Supreme Court's June ruling that upheld his constitutional authority to restrict automatic citizenship for children born to parents illegally present in the United States.
The new orders build on Executive Order 14160, which Trump signed on his first day in office in January 2025. That initial order challenged the prevailing interpretation of the Fourteenth Amendment's Citizenship Clause, arguing it was never intended to grant universal birthright citizenship to all children born on U.S. soil.
Supreme Court Affirms Trump's Authority
In Trump v. Barbara, decided June 30, the Supreme Court ruled that the Fourteenth Amendment does not guarantee citizenship to children born in the United States of parents who are unlawfully or temporarily present in the country. The 6 to 3 decision marked a watershed moment in immigration law, overturning decades of administrative practice.
Chief Justice John Roberts wrote in the majority opinion that the phrase "subject to the jurisdiction thereof" in the Citizenship Clause has always excluded certain categories of persons born on American soil. The Court found that Congress has authority through legislation to define the scope of birthright citizenship beyond the Constitution's minimum requirements.
New Orders Target Birth Tourism Industry
Thursday's executive orders take direct aim at what the administration calls the "birth tourism" industry, where foreign nationals travel to the United States specifically to give birth and secure American citizenship for their children. The practice has been concentrated in states like California, Florida, and New York, where specialized agencies arrange travel packages for pregnant women from China, Russia, and other countries.
The first order directs the Department of Homeland Security to deny tourist visas to pregnant applicants when consular officers have reason to believe the primary purpose of travel is to obtain U.S. citizenship for an unborn child. The second order instructs federal agencies to cease issuing birth certificates with citizenship documentation to children born to parents who entered the country illegally or who are present on temporary visas.
A White House fact sheet released alongside the orders stated that the measures will "safeguard American citizenship" and "end the abuse of the Fourteenth Amendment for financial and hostile purposes." The administration estimates that birth tourism generates between 30,000 and 40,000 citizenship cases annually.
Legal Challenges Expected
Immigration advocacy groups have already announced plans to challenge the new orders in federal court. The American Civil Liberties Union released a statement calling the measures "a direct attack on the constitutional guarantee of citizenship" and pledging to file suit within days.
Democratic lawmakers criticized the orders as cruel and unconstitutional. Senator Dick Durbin of Illinois said the administration was "weaponizing the Supreme Court's narrow ruling to strip citizenship from thousands of American-born children."
The orders take effect immediately, though implementation details remain unclear. The State Department has not yet released updated guidance for consular officers on visa adjudication procedures, and hospital administrators in border states have expressed confusion about their obligations under the birth certificate directive.