U.S. President Donald Trump has issued two executive orders, banning ‘birth tourism’ and limiting birthright citizenship, which is automatically granted to children born in the U.S.
An executive order is a Presidential directive for government departments to follow.
It comes months after the Supreme Court ruled to protect birthright citizenship.
Here’s what you need to know.
Birthright
Birthright citizenship was established under an Amendment to the Constitution – the founding document of the U.S – in 1868.
The amendment was designed to allow people who had been enslaved become citizens.
Today, it means almost anyone born in the U.S. becomes a citizen, aside from the children of diplomats.
Citizenship allows them to vote and access social services.
‘Birth tourism’ is a practice where a pregnant person will travel to another jurisdiction to give birth, usually intended so the child becomes a citizen of that country.
The U.S-based Migration Policy Institute (MPI) published data on birth tourism in April.
It found a “census-based estimate puts birth tourism at 22,000 to 26,000 babies born annually”.
This would account for 0.6 to 0.7% of all births in the country.
MPI also found that 9,600 births were to mothers with foreign addresses in 2024, or around 0.26%.
Past attempts
Trump has tried to restrict birthright citizenship multiple times in the past.
On the first day of his second term in January 2025, he signed an executive order limiting birthright citizenship.
In June, the Supreme Court ruled 6-3 against changing the constitutional right for all children born in the U.S. to be considered citizens at birth.
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Announcement
On Thursday (local time), Trump issued two executive orders.
The first is titled “Ending Birth Tourism”.
“Birth tourism operators use deceptive advertisements and inducements to entice foreign nationals to travel... for the purpose of giving birth on American soil,” the President said.
The order directs the Departments of State and Homeland Security to prevent entry and revoke travel authorisation for those suspected of “engaging in birth tourism.”
The second order adds more restrictions to which children are excluded from birthright citizenship, including if their parent: is an “alien enemy” e.g. part of a designated terrorist group; is officially employed by any foreign government; engages in a “commercial transaction” to give birth in the U.S; and/or was born in a U.S. territory where citizenship is not automatic, e.g. American Samoa, where residents are considered “U.S. nationals,” not citizens.
“The privilege of United States citizenship remains a priceless and profound gift.
“Since my first day in office, my Administration has guarded against the risks posed by malign foreign actors who attempt to swindle American citizens by taking advantage of the generosity of our Nation.”
Trump in the executive order about birthright citizenship.
Criticism
The American Civil Liberties Union (ACLU) issued a statement on Thursday (local time) condemning the decision.
ACLU Immigrants’ Rights Project Deputy Director Cody Wofsy said: “No additional executive order can change the meaning of the Constitution.”
“Any executive order that tries to rewrite birthright citizenship will meet the same fate as the last one,” he added.
What’s next?
After Trump’s previous attempt to make an executive order about birthright citizenship, 22 states and the District of Columbia (D.C.) took legal action against the attempt.
Lower courts also blocked the change.
This executive order could spark a similar response from state jurisdictions, or an additional ruling from the Supreme Court.
