Birthright Citizenship Executive Order: What the New 2026 Orders on Birth Tourism and Citizenship Actually Do

President Trump has signed two new executive orders that once again take aim at birthright citizenship and what the administration calls “birth tourism.” This comes just weeks after the U.S. Supreme Court struck down his original birthright citizenship executive order as unconstitutional.

If you’re a parent, expecting a child, a visa holder, or an immigration professional trying to figure out what all of this actually means, you’re probably wondering one simple thing: What has really changed?

That’s exactly what this guide looks at. We’ll break down what these new executive orders say, what legal effect they actually have, how the courts have responded, and—just as importantly—what is still up in the air.

Birthright citizenship, which generally means that a child born on U.S. soil automatically becomes a U.S. citizen, has been recognized as settled constitutional law for more than a century under the 14th Amendment. But that hasn’t stopped the Trump administration from trying to change how the rule is applied.

The administration first attempted to restrict birthright citizenship in January 2025. Now, in August 2026, it has returned with two new, more narrowly targeted executive orders addressing birthright citizenship and birth tourism.

Here’s the important part: an executive order can say one thing, the administration can argue that it has a certain legal effect, and the courts may ultimately decide otherwise. That distinction really matters.

So, before making any decisions about travel, visas, childbirth, or immigration status, it’s important to understand what these orders actually do, what they don’t do, and which parts are still being challenged in court.

What Is the Birthright Citizenship Executive Order?

There have actually been three relevant executive actions, and it’s important not to confuse them.

Executive Order 14160 (January 20, 2025). Titled “Protecting the Meaning and Value of American Citizenship,” this order tried to deny citizenship documents to children born in the U.S. after February 19, 2025, if neither parent was a U.S. citizen or lawful permanent resident. It targeted children of undocumented parents and children of parents on temporary visas (such as students, tourists, or work-visa holders). Federal courts blocked it almost immediately, and on June 30, 2026, the Supreme Court ruled it unconstitutional in Trump v. Barbara. This order never took lasting effect anywhere in the country.

Two new executive orders (August 6, 2026). Weeks after that Supreme Court loss, President Trump signed a narrower pair of orders. The first, “Continuing to Protect the Meaning and Value of American Citizenship,” seeks to exclude from automatic citizenship children born to foreign government employees (such as embassy or consulate staff who are not U.S. nationals), children of members of designated foreign terrorist organizations, and children of parents the administration says engaged in fraud to obtain citizenship. The second, “Ending Birth Tourism,” directs the Secretary of State and the Secretary of Homeland Security to deny visas to people suspected of traveling to the U.S. specifically to give birth, and to target the broader birth-tourism industry.

Both August 2026 orders are brand new, apply only to future births, and have not yet been tested in court. The administration argues they fit within narrow, long-recognized exceptions to birthright citizenship (such as the exception for children of foreign diplomats). Legal advocates who won the earlier Supreme Court case have already signaled they expect to challenge these orders as well.

What Is Birthright Citizenship in the United States?

Birthright citizenship, sometimes called jus soli (“right of the soil”), means that a person born on U.S. territory is a U.S. citizen at birth, regardless of the immigration status of their parents. This principle is rooted in the Citizenship Clause of the 14th Amendment, ratified in 1868, which states that all persons “born or naturalized in the United States, and subject to the jurisdiction thereof,” are citizens.

The Supreme Court interpreted this clause broadly in the 1898 case United States v. Wong Kim Ark, holding that a child born in the U.S. to non-citizen parents was a U.S. citizen. That interpretation has guided U.S. law and passport, Social Security, and immigration practice for well over a century.

There are narrow, well-established exceptions — most notably for children of foreign diplomats with full diplomatic immunity, who are not considered “subject to the jurisdiction” of the United States. These exceptions are old and settled; they are not the same as the broader restrictions the 2025 order attempted, or the newly expanded categories in the August 2026 orders, which have not been confirmed by any court.

What Is Birth Tourism?

Birth tourism refers to the practice of traveling to the United States, usually on a temporary visitor visa, for the primary purpose of giving birth so the child receives U.S. citizenship. It is legally distinct from:

• Lawful permanent residents or visa holders who happen to give birth while living or working in the U.S.
• Foreign nationals who travel to the U.S. for reasons unrelated to childbirth and give birth incidentally.
• Undocumented immigrants living in the U.S. long-term, whose situation involves different legal and policy considerations than a short visit planned around a due date.

U.S. law already prohibits obtaining a tourist visa for the primary purpose of giving birth in the U.S., and consular officers can deny entry to a pregnant traveler if they believe that is her purpose. Estimates of how common birth tourism actually is vary widely — from under 10,000 births a year to roughly 25,000–70,000, depending on the source — but even the higher estimates represent a small fraction of the roughly 3.5 million births that occur in the U.S. annually. The new “Ending Birth Tourism” order directs federal agencies to more aggressively screen for and deny visas connected to this practice, and Congress has separately opened an investigation into companies marketing birth-tourism packages.

What Does the Executive Order Actually Change?

Because there are now two active orders from August 2026 (the earlier 2025 order is void), it helps to see them side by side.

Order	What it directs	Who may be affected
“Continuing to Protect the Meaning and Value of American Citizenship” (Aug. 6, 2026)	Directs agencies not to recognize automatic citizenship for children in specific narrow categories going forward	Children born to foreign government/embassy employees who are not U.S. nationals; children of members of designated foreign terrorist organizations; children of parents alleged to have committed citizenship-related fraud
“Ending Birth Tourism” (Aug. 6, 2026)	Directs the State Department and DHS to deny visas and tighten screening for suspected birth tourism; targets facilitators of the practice	Pregnant foreign nationals applying for U.S. visitor visas; travel and “birth tourism” businesses; visa applicants generally, through added scrutiny
Executive Order 14160 (Jan. 20, 2025)	Attempted to deny citizenship to children of undocumented or temporary-visa parents	Never enforced; struck down as unconstitutional by the Supreme Court on June 30, 2026

Neither of the August 2026 orders has an established enforcement timeline yet, since implementing regulations and consular guidance from the State Department and DHS are still forthcoming. Both are widely expected to be challenged in federal court, and neither has been reviewed by any judge as of this article’s publication date.

Does the Executive Order End Birthright Citizenship?

No. As of August 2026, birthright citizenship under the 14th Amendment remains fully in effect for the overwhelming majority of children born in the United States. No executive order — past or present — can amend the Constitution. Only a constitutional amendment, ratified through the process in Article V, or a new controlling Supreme Court decision, could actually eliminate the underlying constitutional guarantee.

The original 2025 order tried to reach broad categories of children (those born to undocumented or temporary-visa parents) and the Supreme Court rejected it outright. The new August 2026 orders are deliberately narrower, targeting small, specific categories the administration argues already fall outside constitutional protection. Whether that legal theory holds up has not yet been decided by any court.

What Have the Federal Courts Said?

The litigation history matters, because it shows how firmly courts have protected birthright citizenship so far:

• January 2025: A federal judge in Washington State issued an emergency block on EO 14160 within days of it being signed, calling it plainly unconstitutional.
• June 27, 2025 (Trump v. CASA): The Supreme Court ruled 6-3 that federal judges generally cannot issue nationwide injunctions in most cases, but did not decide whether EO 14160 itself was constitutional.
• July 10, 2025: A federal judge in New Hampshire certified a nationwide class action, Barbara v. Trump, and issued a preliminary injunction blocking enforcement of the order against the entire class of affected children while the case proceeded.
• September 2025: The administration appealed to the Supreme Court, asking it to review the order’s constitutionality directly.
• April 1, 2026: The Supreme Court heard oral argument in Trump v. Barbara.
• June 30, 2026: The Supreme Court ruled 6-3 that EO 14160 is unconstitutional, holding that the 14th Amendment guarantees citizenship to virtually all children born on U.S. soil regardless of their parents’ immigration status. Chief Justice Roberts and Justice Barrett joined the three liberal justices in the majority; Justice Kavanaugh also voted against the order but on narrower, statutory grounds.
• August 6, 2026: President Trump signed the two new, narrower executive orders described above. As of this writing, no court has ruled on either one, and legal challenges are expected but have not yet been filed or decided.

Because the underlying Supreme Court ruling limits nationwide injunctions in most circumstances, any future court order blocking the new August 2026 orders could initially apply only to the specific plaintiffs or class involved, rather than nationwide — a point families should watch closely as litigation develops.

Who Could Be Affected?

• Pregnant temporary visitors: May face increased visa scrutiny or denial under the new birth-tourism order, particularly if an officer suspects the primary purpose of the trip is childbirth.
• Children of foreign diplomatic or consular staff: Directly targeted by the new citizenship order, though this group has long been treated differently under existing law.
• Parents alleged to have committed citizenship fraud or with ties to designated terrorist organizations: Named categories in the new order; the scope of “fraud” has not yet been defined by regulation.
• Undocumented parents and temporary visa holders generally: Not targeted by the current August 2026 orders, since the broader 2025 order covering this group was struck down. Their children’s citizenship remains protected under existing law.
• Visa holders planning travel or family visits: May experience longer processing times or additional questioning as consular officers implement new birth-tourism screening.
• Families seeking passports or citizenship documents: Should not see any change in standard processing based on current law, since the operative constitutional rule has not changed for the vast majority of applicants.

Every family’s immigration history, visa category, and circumstances are different, so how these orders might apply — if they survive legal challenge — will vary case by case.

How Could the Policy Affect U.S. Immigration and Families?

Even where an order is later blocked or struck down, its existence can create real-world disruption. Consular officers may apply heightened scrutiny to visa applicants while guidance is being written. Families may face confusion about passport or Social Security applications. Attorneys expect an increase in litigation, similar to what followed the 2025 order, as advocacy groups move quickly to seek injunctions.

For most families — including the vast majority of visa holders, lawful permanent residents, and even most undocumented parents — birthright citizenship for a child born in the U.S. remains unaffected under current law. The narrower scope of the August 2026 orders means fewer people are targeted than under the original 2025 attempt, but the categories (such as “fraud”) are not yet clearly defined, which creates uncertainty until agencies issue formal guidance.

Can the President Change Birthright Citizenship Through an Executive Order?

This is the central legal question, and the answer under current law is no – a president cannot unilaterally rewrite the 14th Amendment through an executive order. The Constitution can only be amended through the process set out in Article V, which requires supermajorities in Congress and ratification by the states.

The administration’s counter-argument, both in the original order and the new ones, is that the 14th Amendment’s phrase “subject to the jurisdiction thereof” was never meant to cover certain groups – such as children of diplomats, hostile foreign agents, or people who entered on a temporary basis – and that the executive branch has authority to clarify and enforce that limitation through agency guidance rather than new law.

Civil rights groups and the Supreme Court majority in Trump v. Barbara rejected the broadest version of this argument. Whether the narrower version in the August 2026 orders holds up is now an open legal question that will likely be decided in the lower federal courts first, potentially reaching the Supreme Court again on appeal.

Separately, some members of Congress have introduced bills that would try to limit birthright citizenship through ordinary legislation rather than executive action, pointing to Justice Kavanaugh’s concurring opinion in Trump v. Barbara. Legal fact-checkers have noted that whether Congress can accomplish this through a normal statute — without a constitutional amendment — is itself legally contested and unresolved.

What Should Families Do Now?

• Monitor official sources directly, including the White House, U.S. Department of State, USCIS, and U.S. Department of Justice, rather than relying on social media summaries.
• Preserve birth records, passports, immigration paperwork, and visa documentation for your child and yourself in case documentation requirements change.
• Check current passport and citizenship application requirements with the State Department before applying, since procedures can shift while litigation is pending.
• Avoid making major travel or relocation decisions based on unconfirmed reports of what an order does — read the actual order text or an authoritative summary.
• Consult a qualified U.S. immigration attorney for advice specific to your visa category, immigration status, and travel plans, especially if you fall into one of the newly named categories.

This article is general information, not legal advice for your specific situation.

Frequently Asked Questions

1. What is the birthright citizenship executive order?

There are now two active executive orders, signed August 6, 2026, that narrow who qualifies for automatic citizenship (targeting children of foreign government employees, terrorist-group members, and alleged fraud cases) and that direct agencies to deny visas connected to birth tourism. An earlier, broader order from January 2025 was struck down by the Supreme Court in June 2026.

2. Does the executive order eliminate birthright citizenship?

No. Birthright citizenship under the 14th Amendment remains in effect for the vast majority of children born in the U.S. No executive order can amend the Constitution on its own.

3. Can a child born in the U.S. still receive citizenship?

Yes. Under current law, nearly all children born on U.S. soil are U.S. citizens at birth, regardless of their parents’ immigration status, with narrow long-standing exceptions such as children of accredited foreign diplomats.

4. What is birth tourism?

Birth tourism is traveling to the U.S., typically on a visitor visa, for the primary purpose of giving birth so the child gains U.S. citizenship. It is already restricted under existing visa law and is now the target of a new executive order directing tighter visa screening.

5. Who is affected by the birthright citizenship policy?

The August 2026 orders target children of foreign government employees, members of designated foreign terrorist organizations, and cases the administration deems fraudulent, plus pregnant visa applicants suspected of birth tourism. Broader groups, like undocumented parents generally, are not currently targeted after the 2025 order was struck down.

6. What does the 14th Amendment say about birthright citizenship?

The Citizenship Clause states that all persons born or naturalized in the U.S., and subject to its jurisdiction, are citizens. Courts have interpreted this broadly since the 1898 Wong Kim Ark decision to cover nearly everyone born on U.S. soil.

7. Can an executive order override the Constitution?

No. An executive order cannot amend or override the Constitution. Changing a constitutional guarantee requires either a constitutional amendment or a controlling Supreme Court reinterpretation.

8. What have federal courts said about the policy?

The Supreme Court struck down the original 2025 birthright citizenship order as unconstitutional on June 30, 2026, in Trump v. Barbara. The two new August 2026 orders have not yet been ruled on by any court.

9. What should parents do if they are affected?

Preserve documentation, monitor official government sources, and consult a licensed immigration attorney to evaluate how the new orders — if upheld — might apply to your specific circumstances.

10. Is the birthright citizenship policy currently in effect?

The broad 2025 policy is not in effect; it was struck down. The narrower August 2026 orders are newly signed, not yet implemented through formal agency regulations, and not yet reviewed by any court, so their ultimate legal status remains unresolved.

Conclusion

The birthright citizenship executive order saga has moved through nearly every level of the federal court system in under two years – from an immediate district court block in January 2025, to a Supreme Court ruling limiting nationwide injunctions, to a full Supreme Court decision in June 2026 striking down the original order as unconstitutional, to a new, narrower pair of orders in August 2026 that have not yet been tested in court.

Birthright citizenship remains one of the most legally significant guarantees in the Constitution, and courts so far have firmly protected it. Because litigation over the newest orders is just beginning, families, employers, and immigration professionals should verify the current status directly with official sources — and speak with a qualified immigration attorney – before making any decisions based on this fast-moving area of law.

Have Questions About How This Affects Your Family?

Immigration law involving birthright citizenship and birth tourism is changing quickly, and how these orders apply can depend heavily on your specific visa status and circumstances. Orange Law is available to help you understand your options and plan ahead with confidence. For a consultation, reach out to attorney Karan Joshi at Orange Law to discuss your specific situation.