Immigration

United States | White House issues executive orders addressing birthright citizenship

Summary

On August 6, 2026, the White House issued two executive orders addressing (1) birth tourism and (2) U.S. citizenship for certain categories of individuals born in the United States. The orders follow the U.S. Supreme Court’s June 2026 decision in Trump v. Barbara, which invalidated a previous executive order regarding U.S. citizenship for certain individuals born in the United States. According to the White House, the orders are intended to address perceived abuses of immigration and citizenship laws and to implement certain citizenship exceptions discussed in the Court’s decision.

The detail

Executive order on birth tourism
The executive order, “Ending Birth Tourism,” directs the Secretary of State and the Secretary of Homeland Security to take actions intended to prevent foreign nationals from entering the United States on nonimmigrant visas for the purpose of giving birth in the United States.

The order characterizes “birth tourism” as the use of temporary visa categories by individuals whose purpose in traveling to the United States is to give birth on American soil. It also addresses individuals and organizations that facilitate such arrangements.

The order directs federal agencies to develop policies and procedures to address birth tourism. Subject to future agency guidance, these measures may include changes to visa adjudication practices, visa revocations, denials of admission, admissibility determinations, removal proceedings, or other enforcement activities.

Executive order on birthright citizenship
The executive order, “Continuing to Protect the Meaning and Value of American Citizenship,” instructs executive agencies to not recognize U.S. citizenship for certain categories of persons when neither parent is a U.S. citizen and specified circumstances are present.

The order identifies several categories that the administration considers outside the scope of birthright citizenship, including:

• Children for whom either parent is characterized as an “alien enemy,” including certain foreign terrorist-related designations;
• Children for whom either parent is a foreign government employee, including ambassadors, certain embassy or consular personnel, other foreign government officials, and certain employees of international organizations possessing immunity;
• Children whose parents engaged in commercial transactions intended to obtain citizenship through birth in the United States, including certain birth tourism-related arrangements; and
• Certain individuals born in U.S. territories or territorial waters in circumstances where citizenship is not expressly provided by federal statute.

The order directs federal agencies to adopt implementation guidance and procedures concerning U.S. citizenship documentation and recognition within 30 days. The White House describes these categories as “non-exhaustive,” suggesting that federal agencies may issue additional guidance regarding other categories.

What this means

At this time, the executive orders do not directly change visa eligibility requirements for most nonimmigrants or immigrant visa applicants. The implementation and practical impact of these orders will depend largely on forthcoming guidance from the Departments of State, Homeland Security, and other federal agencies. Legal challenges are also expected, and the courts will likely be asked to determine whether the orders are consistent with the U.S. Constitution and applicable federal law.

Federal agencies may also revise procedures relating to the issuance, acceptance, or recognition of citizenship-related documentation for individuals falling within the categories identified by the executive order.

Our team will continue to monitor related agency guidance and litigation and will provide updates as additional information becomes available.

Contact us

For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:

Rebekah Ross
Senior Associate

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