United States President Donald Trump has launched a fresh effort to restrict birthright citizenship by signing two executive orders, despite a recent Supreme Court ruling that blocked his earlier attempt to end the long-standing constitutional guarantee.
The first directive broadens the categories of non-citizens whose children would not automatically qualify for American citizenship at birth.
Under the order, citizenship would be denied to children born to two non-citizen parents if either parent is linked to a foreign terrorist organisation, serves as an employee of a foreign government, allegedly obtained immigration status through deception, or resides in certain U.S. territories where citizenship is not granted by law.
A separate executive order targets “birth tourism” by preventing foreign nationals from travelling to the United States primarily to give birth in order to secure citizenship for their children.
Speaking at the White House, President Trump defended the measures, arguing that previous administrations had failed to address what he described as abuses of the immigration system.
He also criticised the Supreme Court for rejecting his earlier attempt to curtail birthright citizenship, insisting his administration would pursue other legal avenues.
The White House maintains that hostile foreign actors have exploited existing citizenship laws to gain advantages, claiming the new directives are intended to strengthen national security and protect the integrity of the country’s immigration framework.
Trump’s administration has repeatedly argued that birth tourism enables foreign parents to obtain long-term benefits through their U.S.-born children.
Homeland Security Adviser and White House Deputy Chief of Staff for Policy Stephen Miller said some visitors enter the country under the guise of tourism but intend to deliver their babies in the United States, allowing those children to enjoy rights and privileges reserved for American citizens.
Miller contended that the president has legal authority under the Immigration and Nationality Act to impose restrictions on entry for individuals seeking to travel to the country for childbirth.
Available research, however, suggests the scale of birth tourism is relatively limited.
The non-partisan Migration Policy Institute estimates that between 22,000 and 26,000 children are born annually in the United States to parents engaged in the practice, while government records indicate about 9,600 births in 2024 involved mothers with foreign residential addresses.
President Trump initially sought to end automatic birthright citizenship shortly after returning to office in 2025 through an executive order that challenged the interpretation of the Fourteenth Amendment.
That policy was later invalidated by the U.S. Supreme Court, which ruled in June that birthright citizenship remains protected under the Constitution, marking a significant legal setback for the administration’s immigration agenda.
Legal experts believe the latest executive actions could face similar judicial scrutiny.
Gabriel Chin, a law professor at the University of California, Davis, said while the president may possess limited authority to regulate entry into the United States for individuals intending to give birth, he does not have the constitutional power to deny citizenship to children born on American soil.
Chin added that the Supreme Court’s recent decision had already reaffirmed the constitutional protections surrounding birthright citizenship and described birth tourism as a comparatively rare occurrence when measured against the millions of births recorded in the country each year.
By: Magdalene Agyeiwaa Sarpong