President Trump is preparing to sign two executive orders on Thursday intended to deny U.S. citizenship to children born to individuals involved in the commercial "birth tourism" industry, according to Axios. The directive also targets children born to certain foreign diplomatic staff and establishes a framework for future restrictions in U.S. territories.
This administrative move represents a second attempt to modify the application of birthright citizenship. On June 30, the U.S. Supreme Court invalidated a prior executive order signed on Inauguration Day that sought to deny automatic citizenship to children of noncitizens. The administration maintains that the existing legal framework provides the authority to enforce these exclusions based on historical precedents regarding foreign diplomatic staff and alien enemies.
The proposed orders target four specific categories of future births:
| Category | Description |
|---|---|
| Diplomatic Staff | Expansion of non-eligibility to include noncitizen employees of foreign governments. |
| Alien Enemies | Inclusion of individuals linked to federally declared terrorist groups. |
| U.S. Territories | Contingent on future Congressional action, notably affecting Puerto Rico. |
| Birth Tourism | Children of mothers who deceptively enter the U.S. for birth-related services. |
Beyond these restrictions, a second executive order will mandate that the Secretary of State and the Secretary of the Department of Homeland Security develop new regulatory guidance to actively combat the birth tourism industry, both domestically and internationally. Current U.S. regulations already prohibit the acquisition of tourist visas for the primary purpose of obtaining citizenship through birth, and immigration authorities retain the power to deny entry to pregnant foreign nationals under these grounds.
Why It Matters
The move to isolate and regulate birth tourism centers represents a significant shift in how federal agencies interact with international travel and hospitality providers. By tethering citizenship eligibility to the intent of a visitor at the time of entry, the administration is effectively transforming immigration enforcement into a retroactive audit of intent. This creates a volatile environment for the international hospitality and medical tourism sectors, as businesses catering to foreign nationals may face increased scrutiny, potential audits of client residency status, and severe liability risks if their services are deemed complicit in alleged fraudulent misrepresentation. Such interventions likely necessitate enhanced compliance protocols for any U.S.-based entity hosting international clients with long-term stay requirements.
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