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Trump Issues New Orders to Restrict ‘Birthright Citizenship’ After Supreme Court Setback

New York, August 7, 2026 (Yes Punjab News)

US President Donald Trump has issued two new executive orders aimed at restricting birthright citizenship, weeks after the Supreme Court struck down his earlier attempt to deny automatic citizenship to children born in the US to undocumented migrants and temporary visitors.

One of the new measures targets so-called “birth tourism”, seeking to deny US citizenship to children born to women who travel to the country on tourist visas with the intention of giving birth so their children automatically acquire American citizenship.

The second order seeks to restrict citizenship for children born to foreign nationals linked to terrorism, diplomats and employees of foreign governments, as well as individuals working for international organisations. Trump’s Deputy Chief of Staff Stephen Miller said the measure would also cover children of people who lobby or act on behalf of foreign governments.

Trump described the Supreme Court’s earlier decision as “a very, very unfortunate decision” and said his administration was pursuing a different approach to end birthright citizenship.

He also warned of a major crackdown on birth tourism, saying the administration could now act “in a forceful manner”.

In June, the Supreme Court, in a 6-3 ruling, struck down Trump’s earlier order restricting citizenship for children born in the US to undocumented migrants and temporary visitors. The court held that the measure conflicted with the 14th Amendment, which provides citizenship to people born in the United States subject to its jurisdiction.

Trump has continued to argue that the amendment, adopted after the Civil War, was intended primarily to guarantee citizenship to the children of formerly enslaved people and should not be interpreted as providing universal birthright citizenship.

He also criticised what he described as an organised birth-tourism industry, claiming that some individuals had sought citizenship for dozens of children.

Trump had attended the Supreme Court hearing on the challenge to his earlier order, becoming the first sitting US president to attend a session of the court. However, two justices appointed by him, Amy Coney Barrett and Brett Kavanaugh, joined Chief Justice John Roberts and the court’s three liberal members in rejecting the order.

The new measures are expected to face fresh legal challenges, potentially reviving the constitutional debate over the scope of the 14th Amendment.

Miller argued that the latest orders differ from the previous one because they rely on presidential authority under the Immigration and Nationality Act.

The provision concerning children of diplomats is likely to draw particular scrutiny, as the 14th Amendment already excludes individuals who are not “subject to the jurisdiction” of the United States, a category traditionally understood to include foreign diplomats and their immediate families.

Defending the birth-tourism measure, Miller alleged that women who enter the US claiming to be tourists while intending to give birth in the country are committing immigration fraud.

The administration has also highlighted cases involving so-called “birth hotels”, where foreign women reportedly stay temporarily to give birth in the US.

In one case on Long Island in 2020, prosecutors alleged that operators arranged for 119 Turkish women to give birth after charging them between $7,500 and $10,000. Prosecutors also alleged that the operators fraudulently billed New York’s Medicaid programme about $2.1 million.

The latest executive orders are likely to trigger another legal battle over presidential immigration powers and the constitutional guarantee of citizenship by birth.

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