President Donald Trump plans to sign two executive orders on August 6, 2026, aimed at denying citizenship to children born in the U.S. through the commercial birth tourism industry. The orders also seek to limit birthright citizenship for children born to certain foreign diplomatic staff in the U.S. and potentially in U.S. territories in the future. This marks Trump's second attempt to restrict birthright citizenship, which is guaranteed by the 14th Amendment, and is expected to face legal challenges.
The executive orders will apply to future births in four categories: children of foreign diplomatic staff, children of designated alien enemies, those born in U.S. territories if Congress changes the law, and children born to mothers who enter the U.S. with the intent to give birth, particularly at birth tourism centers. The administration argues that these exceptions are justified due to fraudulent misrepresentation by parents seeking entry into the U.S.
Additionally, a second executive order will direct the Secretary of State and the Department of Homeland Security to issue rules to combat birth tourism domestically and internationally. Current U.S. law already prohibits obtaining a tourist visa for the primary purpose of giving birth in the U.S. The House Oversight Committee is investigating birth tourism centers, citing potential national security concerns related to foreign mothers traveling from countries like China and Russia. Estimates suggest that the number of children born as a result of birth tourism ranges from the low thousands to tens of thousands.