Trump's New Birthright Citizenship Orders Face Likely Legal Hurdles

President Donald Trump has signed two new executive orders aimed at curtailing birthright citizenship in the United States, a move that legal experts say is likely to face significant judicial hurdles. The orders, signed on Thursday, largely focus on so-called "birth tourism," where pregnant women travel to the U.S. specifically to give birth so their children gain American citizenship.

This new action comes just weeks after the Supreme Court struck down Trump's earlier attempt to limit birthright citizenship. In a 6-3 ruling on June 30, the court held that the policy violated the 14th Amendment, which grants citizenship to all persons born in the U.S. and "subject to the jurisdiction thereof." Justice Samuel Alito, in a sharp dissent, noted the ruling was so broad that it would even cover children of birth tourists.

The new orders direct federal agencies to deny recognition of citizenship for children whose parents are "engaged in fraudulent activity to obtain citizenship." A second order seeks to bar visas for foreigners suspected of birth tourism, though enforcement mechanisms remain unclear. Federal regulations already prohibit using temporary visas for the purpose of obtaining citizenship for a newborn.

Legal scholars are divided on whether parts of the new orders could survive. Some argue that expanding the category of diplomatic exclusions—which currently covers ambassadors and hostile occupying forces—might be permissible if implemented carefully. Others contend that widening exclusions to include foreign government employees and designated terrorists stretches the law too far.

University of Michigan law professor Sam Erman pointed to historical precedent, noting that Japanese immigrants were deemed enemy aliens during World War II. Under the administration's new rule, their U.S.-born children could have been denied citizenship.

White House aides defended the orders, with Staff Secretary Will Scharf stating that nothing in them runs afoul of the Supreme Court's opinions. However, several legal experts disagree. Northeastern University law professor Rachel Rosenbloom called the new exclusions "clearly unconstitutional," describing the order as "a desperate measure by a president who is having a hard time accepting that he just suffered a significant loss at the Supreme Court."

Estimates of birth tourism numbers vary widely. While Trump suggested that "hundreds of thousands" benefit, Penn State University scholars estimate between 5,000 and 10,000 such births annually from 2014 to 2024.