Trump renews push to limit birthright citizenship despite court ruling

President Donald Trump has again sought to limit birthright citizenship with a new executive order focused on "maternity tourism." This move comes weeks after the Supreme Court blocked his initial attempt to restrict the right for children of undocumented immigrants.

The new measure, shared by the White House, states that automatic citizenship should not apply to children born to mothers who travel to the United States specifically to give birth and obtain this benefit for their offspring. It also proposes other exceptions related to the parents' immigration status and their ties to foreign governments.

This latest offensive follows the Supreme Court's rejection of Trump's prior effort to deny citizenship to children of undocumented immigrants. The high court ruled on June 29, 2026, siding with states and civil rights organizations that argued an executive order could not alter the guarantee established in the Fourteenth Amendment.

Trump initially signed an executive order on January 20, 2025, his second-term inauguration day, aimed at denying automatic citizenship to some children born in the U.S. to parents who were undocumented or had a temporary presence. This order was blocked by courts after lawsuits from states and groups like the American Civil Liberties Union (ACLU), which contended that Trump could not modify a right protected by the Fourteenth Amendment by decree.

The Supreme Court, on June 29, 2026, upheld the protection of citizenship for those born in the country under the current interpretation of the amendment. Currently, nearly everyone born on U.S. soil obtains citizenship regardless of their parents' immigration status. The new order seeks to create exceptions, particularly for "maternity tourism," defined by the administration as foreign women traveling to the U.S. to give birth and secure U.S. citizenship for their children. The text directs federal agencies not to recognize the citizenship of children born in the country if the mother is not legally in the U.S. and the father is neither a U.S. citizen nor a legal permanent resident.

The White House argues that the Supreme Court's ruling allows for these exceptions, as, in their interpretation, the Fourteenth Amendment does not cover individuals not "subject to the jurisdiction" of the United States. The order also mentions potential exceptions for children of foreign government officials, individuals deemed foreign terrorists, and those born in unincorporated territories.