President Trump has signed two executive orders aimed at curtailing birth tourism and limiting birthright citizenship protections. The orders represent a fresh attempt by his administration to restrict citizenship pathways following the Supreme Court’s rejection of similar efforts earlier this year.
The first executive order expands the categories of non-citizens whose children would not automatically receive birthright citizenship. Under the new provisions, automatic citizenship would be denied to children born in the US to two non-citizen parents if one parent is designated as a foreign terrorist group member, employed by a foreign government, obtained citizenship fraudulently, or resides in US territories without federal citizenship protections. Policy analysts have raised concerns about implementation challenges, particularly regarding how membership in designated terrorist organizations would be verified and which party bears the burden of proof.
The second order directs federal agencies to enhance regulations and enforcement against birth tourism, the practice of traveling to the US specifically to give birth. The administration characterizes the industry as deceptive, citing marketing that promises citizenship and public benefits while often failing to deliver. It is already illegal to come to the US for the purpose of childbirth.
Birthright citizenship, constitutionally guaranteed under the 14th Amendment, automatically grants citizenship to virtually all persons born on US soil with narrow exceptions for children of foreign diplomats and enemy combatants. The principle was originally established to protect formerly enslaved people after the Civil War. Government data shows approximately 9,500 babies were born to foreign-resident mothers in 2024, representing roughly 0.25 percent of total US births. However, independent research organizations estimate the actual figure could be substantially higher, between 20,000 and 26,000 annually when accounting for individuals using temporary US addresses.
More than 30 countries worldwide practice unrestricted birthright citizenship, including most nations in Central and South America. The US and Canada are the only countries classified as developed nations by the International Monetary Fund that grant largely unrestricted automatic citizenship to those born within their borders.
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