United States | Trump issues two executive orders on birthright citizenship and “birth tourism”

On Aug. 6, 2026, President Trump signed two executive orders (EOs) and published an accompanying fact sheet focused on the administration’s efforts to limit birthright citizenship and deter “birth tourism.”

Key takeaways:

Renewed effort to limit birthright citizenship recognition. Following the June 2026 U.S. Supreme Court decision reaffirming birthright citizenship, the first EO, titled “Continuing to Protect the Meaning and Value of American Citizenship,” directs federal agencies to withhold recognition of U.S. citizenship under certain circumstances, which the EO describes as “historical exceptions” recognized by the Supreme Court.

Focus on “birth tourism” enforcement. The second EO, titled “Ending Birth Tourism,” directs the State Department and Department of Homeland Security to strengthen enforcement against individuals and organizations involved in “birth tourism,” which the EO defines as “travel to the United States for the purpose of giving birth on American soil.”

Additional agency guidance forthcoming. The EOs direct federal agencies to update regulations, policies and operational guidance to implement the orders, signaling further administrative actions in the coming weeks and months.

Additional information: Both measures are expected to face legal challenges. BAL will continue to monitor related legal developments and provide updates.

This alert has been provided by the BAL U.S. Practice Group.

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