Trump’s latest swing at birthright citizenship might send issue back to courts


President Donald Trump is making a fresh attempt to limit birthright citizenship after losing on the issue at the U.S. Supreme Court in June. 

A pair of executive orders signed Thursday take aim at specific groups of foreign parents. One tries to narrow automatic citizenship for children of parents with certain ties to foreign governments. The other directs a crackdown on what the administration defines as “birth tourism,” the practice of coming to the United States for the purpose of giving birth.

Legal experts question the legality of the president’s latest action in light of the Supreme Court’s rebuke, on constitutional grounds, of one of his past orders. They also expect more litigation against the White House, with a possible return to the nation’s top court. 

Why We Wrote This

Weeks after the Supreme Court foiled one attempt, President Donald Trump is again trying to limit birthright citizenship. He has issued two executive orders targeting people who come to the U.S. for the express purpose of giving birth, as well as others, including the children of “alien enemies.”

The order trying to narrow birthright citizenship “is very unlikely to succeed,” says Nicole Hallett, director of the Immigrants’ Rights Clinic at the University of Chicago Law School. “The Supreme Court made it very clear that [Mr. Trump] did not have that power.”

Still, his executive action appears to signal that “the right is not going to give up this issue,” she says. “They view this as a generational fight.”

Demonstrators protest outside the Supreme Court building in Washington as the justices hear oral arguments on Trump administration’s effort to limit birthright citizenship, April 1, 2026.

Others see more of an opening for the White House to get its way.

The latest actions by Mr. Trump “probe for weaknesses or open questions that remain” after the Supreme Court ruling in Trump v. Barbara earlier this summer, says Andrew Arthur, resident fellow in law and policy at the Center for Immigration Studies. For one, he says, it’s “long been accepted” that children of “alien enemies” aren’t entitled to birthright citizenship.



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