Trump Tries Again to Limit Birthright Citizenship Despite Supreme Court Ruling

Trump seeks to limit birthright citizenship.

The stated goal is to curb so-called «birth tourism.»

The Supreme Court previously blocked a similar legal effort.

President Donald Trump signed a new birthright citizenship executive order on Thursday, renewing his effort to limit the constitutional right to U.S. citizenship for certain children born in the country, despite a previous Supreme Court ruling that blocked an earlier attempt.

Speaking to reporters, Trump said his goal is to end what he described as «birth tourism,» the practice of pregnant women traveling to the United States so their children are born on U.S. soil and automatically acquire American citizenship.

Birthright citizenship is guaranteed under the 14th Amendment to the U.S. Constitution. In June, the Supreme Court invalidated a previous executive order issued by Trump that sought to restrict that constitutional right.

Will Trump’s New Birthright Citizenship Executive Order Succeed?

Birthright Citizenship Executive Order Issued by Trump – Photo: Shutterstock

The White House now argues that the Supreme Court’s decision still leaves room to limit citizenship for children born to mothers who enter the United States for the purpose of birth tourism, as well as to children of diplomatic personnel, individuals designated as foreign terrorists, or those born in U.S. unincorporated territories such as Puerto Rico.

Trump campaigned on restricting birthright citizenship for children born to undocumented immigrants. He signed a similar executive order on January 20, 2025—the first day of his second presidential term—launching a broader series of restrictive immigration policies.

.@POTUS: «We had a very unfortunate decision in the Supreme Court concerning birthright [citizenship]… so we’re making adjustments.»

President Trump is signing two Executive Orders to protect the meaning and value of American citizenship after Trump v. Barbara:

— The first… pic.twitter.com/NGSNNuzM0h

— Rapid Response 47 (@RapidResponse47) August 6, 2026

The previous executive order would have affected an estimated 255,000 children each year, but it was struck down following the Supreme Court’s June 29 decision, which held that children born in the United States to parents who are present unlawfully or temporarily are subject to U.S. jurisdiction and are therefore U.S. citizens.

Trump has argued that the 14th Amendment has been misinterpreted and maintains that, when it was adopted in 1868 after the Civil War, its purpose was solely to grant citizenship to the children of formerly enslaved people.