Trump’s New Birth Tourism Orders Face Steep Legal Challenges After Supreme Court Ruling

President Donald Trump signed two new executive orders Thursday targeting birth tourism, but legal experts say the effort is likely doomed since the Supreme Court already addressed this exact category of cases in its June ruling.

Supreme Court Ruling Already Covers Birth Tourism

The Court’s 6-3 decision in June struck down Trump’s earlier attempt to limit birthright citizenship, ruling the policy violated the 14th Amendment’s guarantee of citizenship to those born on US soil. Justice Samuel Alito, dissenting, specifically warned the ruling would extend to birth tourists. Legal scholars now say that dissent effectively confirms the issue was already settled. University of Virginia law professor Amanda Frost said children remain citizens based on birthplace regardless of a parent’s conduct.

What the New Orders Target

One order directs federal agencies not to recognize citizenship if a parent engaged in fraudulent activity to obtain it, while a second seeks to bar visas for suspected birth tourists, though enforcement details remain unclear. Trump also seeks to expand traditional exceptions to birthright citizenship beyond diplomats to include foreign government employees and those labeled foreign terrorists.

Scholars Split on Certain Provisions

While most agree the fraud based exclusion will likely fail in court, some experts see potential legal room for expanding diplomat-related exceptions or terrorist designations. Others warned the terrorism category could echo historical injustices, citing how Japanese immigrants were once classified as enemy aliens during World War II. Northeastern University’s Rachel Rosenbloom called the new exclusions clearly unconstitutional and described the move as a reaction to Trump’s Supreme Court loss.