Trump Revives Efforts to Restrict Birthright Citizenship Despite Past Supreme Court Rejection
WASHINGTON (AP) — President Donald Trump announced a renewed push on Thursday to restrict birthright citizenship in the United States. This comes after a previous attempt was struck down by the Supreme Court. Trump introduced two new executive actions aimed at revising the criteria for who can obtain U.S. citizenship by birth.
The executive orders are designed to narrow the categories of individuals eligible for automatic citizenship. Specifically, they target children born to foreign diplomats and members of organizations with diplomatic immunity, as well as individuals deemed “alien enemies” of the United States. Additionally, the orders aim to eliminate birthright citizenship for those whose parents acquired citizenship through fraudulent means.
Another key aspect of Trump’s initiative is to curb “birth tourism.” This involves tightening visa regulations for foreign nationals intending to give birth in the United States, a practice the administration argues leads to automatic citizenship for children without any legitimate ties to the country.
Trump expressed confidence in the constitutional viability of his new measures, despite the Supreme Court’s previous decision against similar actions. “I thought we were going to win it at the Supreme Court. Unfortunately, we had a bad decision, very unfair decision. Our country suffers because of it and we’re ending it a different way,” Trump stated.
The Migration Policy Institute (MPI) highlighted in a 2026 report that seeking a visa with the intent of obtaining citizenship for a child is already considered fraudulent and a valid reason for visa denial. Previous administrations have also taken steps to prosecute those involved in “birth tourism” schemes.
Trump’s initiative has stirred debate, with opponents citing the 14th Amendment, which ensures citizenship for anyone born on U.S. soil. Legal experts and immigration advocates argue that birthright citizenship is constitutionally protected and beneficial, fostering equal participation in the nation’s future.
The American Civil Liberties Union (ACLU) has predicted that Trump’s renewed attempt will be met with legal challenges. Cody Wofsy, deputy director of the ACLU’s Immigrants’ Rights Project, remarked, “The Supreme Court already decided this issue: Birthright citizenship is guaranteed by the Constitution. No additional executive order can change the meaning of the Constitution.”
In his first day of the second term, Trump’s administration faced immediate lawsuits over an executive order aiming to end birthright citizenship. This order was blocked by lower courts before the Supreme Court ultimately struck it down in June. The Supreme Court’s decision was a narrow 6-3, with dissenting views on whether the Constitution explicitly supports birthright citizenship.
While the Supreme Court rejected Trump’s previous executive order primarily on constitutional grounds, Justice Brett Kavanaugh pointed out that federal law supports birthright citizenship, highlighting a complex legal landscape surrounding the issue.
