Ending Birth Tourism

President Trump signed this executive order on August 6, 2026, following the Supreme Court's June 30, 2026 ruling in Trump v. Barbara, which affirmed birthright citizenship for children of temporarily-present foreign nationals. The order directs the Secretary of State and the Secretary of Homeland Security to use their statutory authorities to prevent nonimmigrant visa classifications from being exploited by persons engaging in birth tourism — defined as travel to the United States for the purpose of giving birth on American soil. Authorized enforcement actions include denying visas, revoking travel authorizations, permanently barring entry, and taking action against facilitating organizations. Humanitarian and national-interest exemptions may be granted by either Secretary. All agencies are directed to issue implementation guidance within 30 days. The order was published in the Federal Register on August 11, 2026, as document 2026-16404.

Notable Claims

• ▪All executive agencies were directed to issue public implementation guidance within 30 days of August 6, 2026
• ▪The order defines "birth tourism" as travel to the United States for the purpose of giving birth on American soil
• ▪The order directs the Departments of State and Homeland Security to revoke visas and permanently bar entry of anyone who enters or attempts to enter for birth tourism purposes
• ▪The Supreme Court's June 30, 2026 ruling in Trump v. Barbara held that children born in the U.S. to temporarily-present foreign nationals are citizens at birth under the Fourteenth Amendment
• ▪The ACLU stated the executive order on birth tourism is "doomed to fail in court."

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