Thursday, September 3, 2026

Trump Signs New Executive Order to Ban ‘birth tourism’ After Birthright Citizenship Defeat at Supreme Court; Trump’s New Birthright Citizenship Order Stays in Place as Judge Questions Constitutionality

Trump signs new executive order to ban ‘birth tourism’ after birthright citizenship defeat at Supreme Court:
President Trump issued an order Thursday to crack down on “birth tourism” after he was defeated at the Supreme Court earlier this summer on the birthright citizenship issue.
Trump said the executive order would stop wealthy people from “buying their way” into citizenship with pregnant women traveling to the US to birth an American baby.
“People are building businesses around it. Wealthy people are building businesses around birthright citizenship. That’s not the way it’s supposed to work. It’s a disgrace. They’re buying their way in, and we’re not going to let it happen,” Trump noted.
“They’ve taken birthright citizenship and they’ve made a joke out of it,” he said during a signing ceremony in the Oval Office.
The order bars citizenship for children born to mothers who enter the United States for the sole purpose of having a child on American soil.
“Birth tourism is by definition a fraud on the American system, on the American taxpayer,” Stephen Miller, who is Trump’s top immigration adviser, said at the ceremony.
He said the order targets those “pretending to be a tourist, pretending to be a visitor, saying they want to go to Disneyland or they want to go visit a monument or go to a national park, but the real reason they’re here is to have a child.”
Miller has been the point person on this order and a second one that outlaws citizenship for children born to foreign diplomatic staff working in the US on behalf of another country and to children born to parents who are classified as alien enemies.
It also bars citizenship for those born in US territories – such as Puerto Rico – but only if Congress passes a law to make that so. Legislation has been introduced but is not expected to pass. --->READ MORE HERE
Photo Source: IAB Studio/Shutterstock.com
Trump’s New Birthright Citizenship Order Stays in Place as Judge Questions Constitutionality:
President Donald Trump’s new order restricting birthright citizenship remained in effect Friday after a federal judge declined to immediately block it, while raising questions about whether the president can create new citizenship exceptions following a recent Supreme Court ruling.
U.S. District Judge Deborah Boardman in Maryland denied immigrant-rights advocates’ request for a temporary restraining order on Aug. 28 because their existing lawsuit challenges Trump’s earlier 2025 birthright citizenship directive and has not yet been amended to address the order he signed Aug. 6.
Boardman allowed the plaintiffs to update their complaint and set an expedited schedule for another challenge to the administration’s policy.
“As far as I can tell, this is unprecedented,” Boardman said during Friday’s hearing, according to Reuters. She described the new directive as an attempt to create exceptions to birthright citizenship “with the stroke of a pen.”
The dispute is the latest stage of a constitutional fight that began on Trump’s first day back in office and has already reached the Supreme Court over both the power of lower courts to block presidential policies nationwide and the meaning of the Fourteenth Amendment’s Citizenship Clause.
Trump’s January 2025 executive order sought to deny automatic citizenship to children born in the United States when their mothers were unlawfully present or temporarily in the country and their fathers were neither U.S. citizens nor lawful permanent residents.
Boardman was among several federal judges who blocked that directive. The litigation later produced a nationwide class covering children who would be denied citizenship under the policy.
The Supreme Court first considered the litigation in 2025 in a dispute over universal injunctions, without deciding whether Trump’s citizenship policy itself violated the Constitution.
The constitutional question reached the justices the following year in Trump v. Barbara. On June 30, the Court affirmed a ruling against Trump’s 2025 order.
Chief Justice John Roberts, writing for a five-justice majority, held that children born in the United States to parents who are unlawfully or temporarily present are “subject to the jurisdiction” of the United States and are citizens at birth under the Fourteenth Amendment. Justice Brett Kavanaugh provided a sixth vote to affirm the judgment but concluded that the order violated federal citizenship law rather than the Constitution. --->READ MORE HERE
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