The Trump administration has introduced new executive orders aimed at limiting birthright citizenship, focusing on specific categories of individuals, including children born to individuals with diplomatic ties and those involved in "birth tourism." These directives represent a renewed effort by the administration to place restrictions on who can claim U.S. citizenship by birth.
One of the executive orders targets children born to individuals employed by foreign embassies or international organizations. U.S. immigration law already exempts children of accredited foreign diplomatic officers from birthright citizenship, but the new order seeks to broaden these exemptions. It also includes children of parents associated with groups identified as terrorist organizations, such as Antifa or Tren de Aragua, raising questions about how such affiliations will be determined and verified.
A separate order addresses "birth tourism," defining it as entering the U.S. on a nonimmigrant visa with the explicit purpose of giving birth on American soil. The administration claims this practice is already a ground for visa restrictions if misrepresented. Advocates suggest the order could grant immigration officers discretion to deny entry to pregnant women without clear guidelines.
President Trump stated that hundreds of thousands of births could be attributed to birth tourism, a figure disputed by experts. Data from the Centers for Disease Control and Prevention indicates that in 2024, nearly 9,600 children were born to mothers whose official address was outside the U.S. A think tank advocating for lower immigration estimated between 20,000 and 26,000 such tourists arrive annually.
Previous attempts by the Trump administration to restrict birthright citizenship faced legal challenges, including a Supreme Court decision that struck down an earlier effort. While the administration asserts these new orders are adjusted to comply with existing legal frameworks and Supreme Court rulings, civil liberties advocates argue that birthright citizenship is a constitutional right guaranteed by the 14th Amendment and cannot be altered by executive orders. They anticipate these new measures will also face legal scrutiny and potential challenges based on constitutional interpretations.