Trump Signed New Orders to Restrict Birthright Citizenship in the United States
U.S. President Donald Trump signed two orders aimed at restricting automatic birthright citizenship and combating what is known as birth tourism. The new measures were presented after the U.S. Supreme Court rejected, by a majority vote, the president's previous attempt to change the existing arrangement.
Key facts
- •Two presidential orders were signed
- •The publication was updated on August 7, 2026
- •U.S. Supreme Court ruling — June 30
- •Vote — 6 to 3
- •Legal basis of the dispute — the Fourteenth Amendment to the U.S. Constitution
Who the Orders Apply To
The narrower arrangement proposed by the administration is intended to apply, among other categories, to children of foreign government employees working in the United States. It also covers children of those whom the authorities classify as citizens of enemy states, members of terrorist organizations, or agents of foreign governments. In addition, the administration is considering denying visas to women if it is presumed that the sole purpose of their travel is to give birth in the United States.
The Constitutional Basis of the Dispute
The Fourteenth Amendment to the U.S. Constitution has long been interpreted as guaranteeing citizenship to anyone born within the country's territory. Trump claims that the amendment, which was adopted after the Civil War, was originally intended to grant citizenship to the children of freed slaves. Human rights activists, however, maintain that a presidential order cannot change the meaning of the Constitution.
The Previous Supreme Court Ruling
On June 30, the U.S. Supreme Court rejected Trump's previous attempt to restrict birthright citizenship by a vote of six to three. The administration subsequently drafted the new measures more narrowly. The source does not provide the case numbers or the numbers of the orders that were signed.
New Legal Proceedings Expected
The American Civil Liberties Union is preparing to challenge the measures in court. Therefore, the ultimate fate of the new restrictions has not yet been decided. According to a University of Pennsylvania study cited in the publication, less than 0.3% of annual births in the United States are linked to birth tourism.
What this means for you
For residents of Israel, the changes may be relevant when planning travel to the United States for the purpose of giving birth, as well as for families that fall within the categories mentioned in the orders. More stringent checks concerning the purpose of the visit may be conducted, and disputes over the child's citizenship may arise. However, the measures can still be challenged, so their final scope has not yet been determined.
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