After Supreme Court setback, Trump again targets immigration by expanding definition of birthright citizenship
Two new executive orders take aim at aspects of birthright citizenship the high court did not address in its June 2026 ruling.
After the U.S. Supreme Court's recent ruling, former President Donald Trump is once again attempting to redefine birthright citizenship in the United States. On August 6, 2026, White House Deputy Chief of Staff Stephen Miller introduced two executive orders aimed at expanding the definition of birthright citizenship.
The first order instructs federal agencies not to recognize U.S. citizenship for children born to certain foreign nationals who are either citizens of an enemy country or employees of a foreign government, such as ambassadors. The second executive order focuses on curbing "birth tourism," defining it as the entry of a foreign national into the U.S. specifically for the purpose of giving birth on American soil.
While the Supreme Court's June 2026 decision struck down Trump's previous efforts to deny citizenship to children born to foreign parents unlawfully in the U.S., the new executive orders target aspects that were not addressed by the court. Chief Justice John Roberts clarified that children born in the U.S. to unlawfully or temporarily present parents are citizens at birth under the Fourteenth Amendment's Citizenship Clause. However, the court did not address the issue of birth tourism.
Law professor Steve Vladeck believes that Trump is not defying the court but rather engaging in legalistic noncompliance, identifying loopholes in the court's decision to circumvent its ruling. The president is using lawful methods to exploit the Immigration and Nationality Act, which grants him broad discretion in making decisions about suspending entry and determining conditions on entry.
This language in the executive orders reflects Roberts' understanding of the scope of authority granted to the president by the Immigration and Nationality Act.
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