New Delhi: President Donald Trump is once again taking steps to restrict birthright citizenship in the United States, weeks after the Supreme Court rejected his earlier attempt to broadly end the policy.
The latest effort focuses on two areas: limiting citizenship for certain children born in the U.S. and cracking down on what the administration calls “birth tourism.”
What is birthright citizenship?
Birthright citizenship is the principle that a person born in the United States is generally a U.S. citizen, regardless of the immigration status of their parents.
The principle is rooted in the 14th Amendment to the U.S. Constitution, which provides citizenship to people born or naturalized in the United States and subject to its jurisdiction.
Trump has long opposed the policy, arguing that it encourages people to enter the United States specifically to have children who automatically receive American citizenship.
What has Trump done now?
Trump has signed two executive orders aimed at restricting birthright citizenship and birth tourism.
One order seeks to expand the circumstances in which children born in the United States to non-citizen parents would not automatically receive citizenship.
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Under the order, the administration says citizenship would not automatically apply in certain cases involving two non-citizen parents, including situations where one parent is:
A member of a foreign terrorist organization.
An employee of a foreign government.
Alleged to have attempted to obtain U.S. citizenship through fraud.
Living in certain U.S. territories where citizenship is governed by federal statute rather than the Constitution.
The second order targets birth tourism — the practice in which a pregnant woman travels to the United States primarily to give birth so that her child can obtain U.S. citizenship.
What does Trump mean by “birth tourism”?
The Trump administration argues that some foreign nationals enter the United States on temporary visas while concealing their real intention to give birth.
White House officials, including Deputy Chief of Staff Stephen Miller, have repeatedly criticized the practice.
The administration has also raised national-security concerns, arguing that countries such as China and Russia could potentially exploit the U.S. immigration system.
Trump has described the practice as people claiming they are visiting the United States for tourism — such as visiting Disneyland, monuments or national parks — when their actual purpose is to have a child who becomes a U.S. citizen.
Why is this controversial?
The central legal question is whether the president can limit birthright citizenship through executive action.
The 14th Amendment has been interpreted for more than a century as providing citizenship to most people born on U.S. soil. Changing that rule therefore raises a major constitutional question.
Trump previously attempted to end birthright citizenship through an executive order signed shortly after returning to office in 2025.
That order triggered lawsuits and a major legal battle. The Supreme Court subsequently ruled against the administration's effort to implement the policy in the manner it had proposed.
Trump has criticized that decision, calling it a “very unfortunate” ruling and saying his administration is now making adjustments to its approach.
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What about U.S. territories?
The issue is more complicated in U.S. territories such as Puerto Rico.
Citizenship for people born in Puerto Rico is established through federal law rather than through the same constitutional framework that applies to people born in the states.
That distinction is significant because the Trump administration's latest order specifically refers to circumstances involving U.S. territories.
How many births are involved?
The number of births potentially affected by birth tourism is relatively small compared with the total number of births in the United States.
The Migration Policy Institute has cited estimates suggesting that roughly 22,000 to 26,000 babies may be born in the United States each year as a result of birth tourism.
Government data cited by the institute recorded about 9,600 births in 2024 to mothers whose addresses were outside the United States.
The figures differ because they measure different aspects of the phenomenon and because identifying the precise purpose behind an international visitor's trip can be difficult.
What happens next?
Trump's new orders are likely to face further legal challenges.
The administration is seeking to use executive authority and existing immigration law to place new restrictions on birthright citizenship and birth tourism. Opponents are expected to argue that an executive order cannot override constitutional protections or longstanding interpretations of the 14th Amendment.
That means the issue is likely to return to the courts.
For now, the broader principle of birthright citizenship remains at the center of a continuing constitutional and political battle: Trump argues that the existing system is unfair and vulnerable to abuse, while opponents argue that the president cannot unilaterally rewrite a constitutional guarantee that has governed U.S. citizenship for generations.
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