President Donald Trump signed two executive orders aimed at tightening action against “birth tourism” and limiting recognition of U.S. citizenship in several specified circumstances. The White House says the measures follow the Supreme Court’s June 30 decision in Trump v. Barbara and are intended to protect the value of American citizenship and prevent misuse of temporary visa categories.
Citizenship Related Executive Order
The order titled “Continuing to Protect the Meaning and Value of American Citizenship” directs federal agencies not to issue or accept documents recognizing U.S. citizenship for certain U.S.-born persons when neither parent is a U.S. citizen and specified conditions apply.
It identifies the following categories:
- Children of a parent classified as an “alien enemy,” including members of designated Foreign Terrorist Organizations or Specially Designated Global Terrorists.
- Children of foreign-government employees, including ambassadors, embassy and consular staff who are nationals of the sending country, official foreign-government employees, and certain staff of international organizations with immunity.
- Children connected to a commercial transaction or fraud intended to obtain citizenship, including arrangements involving birth-tourism services or surrogacy in the United States or U.S. territories.
- Persons born in U.S. territories or territorial waters where federal law does not confer citizenship.
The Secretaries of State and Homeland Security, the Attorney General, and the Social Security Commissioner are tasked with aligning agency policies with the order. Federal agencies must publish implementation guidance within 30 days.
Birth-tourism Related Executive Order
The separate executive order titled Ending Birth Tourism defines birth tourism as entering the United States on a nonimmigrant visa to give birth on U.S. soil, as well as facilitating such travel.
It delegates authority to the Secretaries of State and Homeland Security to develop rules, policies, and operational guidance. Potential measures include visa or travel-authorization denials, revocations, permanent entry bars, removal actions, and enforcement against facilitators, operators, organizations, or individuals involved in birth-tourism arrangements.
The order permits exceptions on humanitarian grounds or where the responsible Secretary determines admission is in the U.S. national interest.
Summary and Conclusion
The White House characterizes birth tourism as the use of temporary visas to obtain citizenship-related benefits for a child and says commercial operators may encourage visa applicants to misrepresent their travel purpose. The fact sheet presents the two orders as narrower actions tied to what it describes as historically recognized exceptions to birthright citizenship following Trump v. Barbara.
For visa applicants, the practical immediate implication is heightened scrutiny where U.S. officials believe a nonimmigrant visitor’s intended travel involves giving birth in the United States or facilitating such an arrangement. The orders direct agencies to issue further implementation guidance, so the exact operational standards and evidentiary procedures will depend on subsequent State Department and DHS rules.