Trump’s latest effort to limit birthright citizenship comes after Supreme Court ruled against his initial push to reinterpret the constitutional right.
Published On ۶ Aug ۲۰۲۶
United States President Donald Trump has signed two executive orders seeking to limit birthright citizenship, weeks after the Supreme Court upheld the practice as protected under the Constitution.
The orders signed on Thursday were far more narrow than Trump’s previous attempt to restrict the practice, which confers citizenship to nearly all children born on US soil.
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One of the orders seeks to expand a narrow exception to birthright citizenship, which bars US citizenship from being conferred to the babies of foreign diplomats or invading forces.
The second order calls on the secretary of state and the secretary of homeland security to halt so-called “birth tourism”, the practice of mothers travelling to the US for the sole purpose of giving birth.
Like Trump’s earlier attempt, the new executive orders are expected to face legal challenges.
Speaking from the Oval Office, Trump denounced the Supreme Court for making a “very unfortunate decision” in striking down his initial effort to limit birthright citizenship.
“They’ve taken birthright citizenship and they’ve made a joke out of it,” said Trump, adding that his administration is “making adjustments” to its approach.
On January ۲۰, ۲۰۲۵ — the first day of his second term — Trump had signed an executive order seeking to reinterpret the Fourteenth Amendment of the Constitution, to tighten the category of people who qualified for birthright citizenship.
That order argued that the children born to immigrants on temporary visas or without documentation were not “subject to the jurisdiction” of the US — and therefore could not be automatically granted citizenship.
But in June, the US Supreme Court ruled that Trump’s “attempts to narrow” birthright citizenship were unlawful, citing the Constitution’s Citizenship Clause.
“If Congress intended to limit American citizenship to the children of those domiciled in the United States, nothing in the succinct language of the Citizenship Clause conveyed that design,” the majority opinion said.
Trump has made a hardline approach to immigration a centre-piece of his political career. However, the Supreme Court ruling represented one of the largest legal setbacks of his second term.
Despite a conservative supermajority on the nine-judge panel, six justices voted against Trump’s effort to transform who is eligible for birthright citizenship.
The crux of the administration’s argument was that the ۱۴th Amendment was meant to apply only to the children born to newly freed slaves and had been misinterpreted since its ratification in ۱۸۶۸.
Chief Justice John Roberts, a conservative, wrote that there was “scant evidence for this dramatically revisionist view”.
“The Framers of the Fourteenth Amendment extended that promise to ‘every free-born person in this land,” he wrote. “We keep that promise today.”
