Trump signs fresh birthright citizenship orders after Supreme Court setback, targets birth tourism

US President Donald Trump has renewed his push to restrict birthright citizenship, signing two executive orders weeks after the Supreme Court blocked his earlier attempt to end the long-standing policy. The new measures target commercial birth tourism and seek to expand the circumstances in which the administration argues citizenship should not automatically apply to children born on US soil.

Announcing the orders at the White House, Trump criticised the Supreme Court’s June 30 decision and said his administration was now changing its approach. "We had a very unfortunate decision in the Supreme Court concerning birthright, it was close, but a very, very unfortunate decision. So we're making adjustments," he said.

Trump targets birth tourism and citizenship eligibility

The first executive order focuses on preventing people from entering the US for the purpose of commercial birth tourism. In this practice, foreign nationals travel to the country to give birth so their children can obtain US citizenship.

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The second order outlines categories of children who, according to the administration, should not automatically receive citizenship documents. These include cases where the mother’s presence in the US was linked to a commercial arrangement to give birth, as well as certain cases involving parents who are foreign government employees, members of terrorist organisations, or births in US territories where citizenship is not granted automatically under federal law.

Trump argued that birthright citizenship was originally introduced after the Civil War to protect the citizenship rights of formerly enslaved people and claimed the system is now being exploited.

"This was done right after the Civil War. This was for the babies of slaves, and what's happening now? People are building businesses around it," Trump said.

Supreme Court had blocked earlier attempt

The latest move comes after the Supreme Court, on June 30, rejected Trump’s earlier executive order aimed at ending birthright citizenship. The ruling upheld the long-standing interpretation that nearly all people born in the United States are citizens.

Trump’s latest orders attempt to work around that setback by narrowing the categories of people who would qualify for citizenship recognition.

White House Deputy Chief of Staff Stephen Miller, who has played a key role in shaping Trump’s immigration policies, defended the move, saying some visitors enter the US claiming to be tourists but actually intend to give birth there.

"It gives them access, under this broken system, to welfare benefits, ultimately to the voting booth, and all the other rights and privileges that belong solely to Americans," Miller said.

Legal experts challenge Trump’s orders

Immigration lawyers and civil rights groups have questioned the legality of the new directives, arguing that birthright citizenship is protected by the US Constitution’s 14th Amendment.

New York-based immigration attorney Cyrus Mehta criticised the order on X, saying: "Trump's new EO on birthright citizenship is also blatantly unconstitutional when it precludes citizenship if the parents of the person engage in a commercial transaction to ensure that the person's mother is present in the United States, or a territory of the United States to give birth."

He added, "The meaning of commercial transaction is too vague and violates the 14th Amendment. It should be struck down."

The American Civil Liberties Union also opposed the move, stating, "The Supreme Court already decided this issue: Birthright citizenship is guaranteed by the Constitution. Any executive order that tries to attack birthright citizenship will meet the same fate as President Trump's last one."

Birth tourism numbers remain debated

The administration has cited concerns over birth tourism as a reason for tighter restrictions. According to the Migration Policy Institute, estimates based on census data suggest between 22,000 and 26,000 babies may be born annually in the US to foreign nationals who travel for this purpose. Government data, however, recorded 9,600 births to mothers with foreign addresses in 2024.

(With inputs from PTI)