Key facts
- President Donald Trump signed two executive orders on Thursday.
- The orders aim to end birth tourism and restrict birthright citizenship.
- One order expands definitions of non-citizens ineligible for birthright citizenship.
- The second order targets birth tourism by enhancing regulations and enforcement.
- Birthright citizenship is based on the 14th Amendment of the US Constitution.
- Estimates suggest 0.5% to 0.7% of US births annually are due to birth tourism.
President Donald Trump has signed two executive orders aimed at curbing birth tourism and altering the application of birthright citizenship for certain groups. These actions represent a renewed effort to restrict access to US citizenship following a previous attempt that was rejected by the Supreme Court.
Birthright citizenship, legally known as 'jus soli', grants citizenship to individuals born on US soil, a principle rooted in the 14th Amendment of the US Constitution. While generally applied to nearly all births within the US, exceptions exist for children of foreign diplomats, enemy soldiers during occupation, and those born in unincorporated US territories where federal law does not grant citizenship.
The first executive order expands the definition of non-citizens whose children are ineligible for birthright citizenship. It specifically targets children born to parents who are members of foreign terrorist groups, foreign government employees, have attempted to obtain citizenship fraudulently, or reside in territories where citizenship is not federally granted. The inclusion of foreign terrorist group membership raises questions about proof and determination, according to the Migration Policy Institute.
The second order directs the Departments of State and Homeland Security to strengthen regulations and enforcement against birth tourism, the practice of foreign nationals entering the US to give birth and obtain citizenship for their child. The order notes that industry operators often use deceptive advertising, promising benefits that are not always delivered.
While Trump claimed "hundreds of thousands" of babies are born through birth tourism annually, government figures from the CDC estimate just over 9,500 births to mothers with foreign addresses in 2024, representing about 0.25% of total US births. The Migration Policy Institute suggests these figures may be an undercount, estimating between 20,000 to 26,000 annual births, or 0.5% to 0.7% of the total, due to birth tourism.
During a Supreme Court hearing in April, the administration argued that birth tourism exploits birthright citizenship, creating citizens with no ties to the US. However, Chief Justice John Roberts questioned the impact of birth tourism on the legal analysis, and the court ultimately rejected the administration's interpretation, affirming the Constitution's enduring principles.
More than 30 countries, including many in South America, practice unrestricted birthright citizenship. Among developed nations, only the US and Canada offer largely unrestricted birthright citizenship, while countries like the UK and Australia have modified versions tied to parental citizenship or residency.