What is birthright citizenship and how common is birth tourism in the US?

August 7, 2026

President Trump has signed two new executive orders targeting birthright citizenship and birth tourism after the Supreme Court blocked his initial attempt in June. The first order expands exclusions from automatic citizenship for babies born to non-citizen parents in specific circumstances, including when a parent belongs to a foreign terrorist organization or is a foreign government employee. The second order aims to crack down on birth tourism by directing federal agencies to strengthen enforcement against the practice, which is already illegal.

Who is affected

Babies born in the US to two non-citizen parents where one parent meets specific criteria (foreign terrorist group membership, foreign government employment, attempted citizenship fraud, or residence in certain territories)
Foreign nationals who travel to the US specifically to give birth
Operators in the birth tourism industry who advertise services to foreign nationals
Children of foreign diplomats, enemy soldiers during hostile occupation, and those born in certain US territories (already excluded under existing rules)

What action is being taken

The departments of state and homeland security are being directed to enhance regulations and expand enforcement against birth tourism practices
The administration is expanding definitions of non-citizens whose children are not eligible for birthright citizenship

Why it matters

Birthright citizenship is a constitutional principle enshrined in the 14th Amendment that was originally created to grant citizenship to formerly enslaved people after the Civil War. These executive orders represent a significant effort to restrict access to US citizenship and reinterpret constitutional protections that have historically applied to nearly everyone born on US soil, potentially affecting how citizenship is determined and creating uncertainty about proof requirements for excluded categories.

What's next

No explicit next steps stated in the article

Read full article from source: BBC