NewsFlash! President Issues Executive Orders Targeting Birth Tourism and Limiting Recognition of Birthright Citizenship

On August 6, 2026, President Trump issued two executive orders addressing birth tourism and the recognition of U.S. citizenship for certain children born in the United States. The orders direct federal agencies to restrict immigration benefits connected to birth tourism and to deny federal recognition of citizenship in several specified circumstances.

New Restrictions on Birth Tourism

The first order defines birth tourism as entering the United States with a nonimmigrant visa for the purpose of giving birth on U.S. soil, or facilitating another person’s entry for that purpose. It directs the U.S. Department of State (DOS) and U.S. Department of Homeland Security (DHS) to consider measures that may include visa denials or revocations, denial of admission, removal, permanent bars to entry, and action against individuals or entities that facilitate birth tourism. Humanitarian and national-interest exemptions may be available at the discretion of DOS or DHS.

Limits on Recognition of Citizenship

The second order directs federal agencies not to recognize U.S. citizenship when neither parent is a U.S. citizen and a listed circumstance applies. The identified categories include certain children of alien enemies or foreign government employees, children whose parents engaged in commercial transactions or fraud to obtain birthright citizenship, including some commercial surrogacy arrangements, and persons born in U.S. territories or territorial waters where citizenship is not granted by federal statute. Federal agencies must issue implementation guidance within 30 days.

What This Means

The scope and implementation of these orders will depend heavily on forthcoming agency rules and guidance, and the citizenship restrictions are likely to generate significant legal questions and litigation. Foreign nationals who are pregnant or considering travel to the United States for medical care should be prepared to explain the purpose of travel truthfully and provide evidence of their temporary intent and ability to pay related expenses.

The Murthy Law Firm will continue to monitor agency implementation and provide updates as additional information becomes available.

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