The Executive Order, “Continuing to Protect the Meaning and Value of American Citizenship”, identifies additional categories of individuals who, according to the Trump Administration, would not acquire U.S. citizenship based solely on birth in the United States. The Administration states that the Order relies on historical exceptions to birthright citizenship discussed in Trump v. Barbara.

Under the Executive Order, an individual born in the United States would not be considered a U.S. citizen by birth if neither parent is a U.S. citizen and any of the following circumstances apply:

• Either parent is classified as an “alien enemy,” which the Executive Order defines to include members of designated foreign terrorist organizations and specially designated global terrorists.
• Either parent is a foreign government employee, including diplomats, embassy or consular employees, other foreign government officials, or employees of certain international organizations with diplomatic immunity.
• Either parent engaged in a commercial transaction to obtain birthright citizenship for the child or engaged in fraudulent activity to obtain citizenship.
• The individual is born in a U.S. territory or U.S. territorial waters where citizenship is not otherwise conferred by federal statute.

The Executive Order further states that these categories are not intended to be exhaustive, leaving open the possibility that additional groups could be identified in future guidance.

The Executive Order directs federal agencies not to recognize individuals falling within these categories as U.S. citizens and instructs agencies not to accept state or local documentation purporting to establish U.S. citizenship for those individuals. It also requires federal agencies to issue implementing guidance within 30 days.

How Does This Differ from Existing Interpretation?

Several of the categories identified in the Executive Order extend beyond the historically recognized exceptions to birthright citizenship. For example, longstanding practice has generally recognized only children born to certain foreign diplomats who possess diplomatic immunity as ineligible for birthright citizenship. Children born in the United States to most other foreign government employees have historically been recognized as U.S. citizens.

Similarly, historical references to “alien enemies” have generally been understood to apply in the limited context of a foreign military occupying U.S. territory during wartime, rather than to individuals designated as terrorists or members of terrorist organizations.

The Executive Order also introduces new categories related to conduct involving foreign nationals traveling to the U.S. primarily to give birth with the intent of obtaining U.S. citizenship for their children, as well as fraudulent conduct. These have not previously been recognized as exceptions to birthright citizenship under existing constitutional interpretation.

What to Expect Next

Because the Executive Order identifies broader categories of individuals who would not receive birthright citizenship than have traditionally been recognized, legal challenges are widely expected. As with prior executive actions addressing birthright citizenship, the ultimate impact of this Executive Order will likely depend on how the courts interpret its consistency with the Fourteenth Amendment and existing federal law.

We will continue monitoring litigation, agency guidance, and any additional implementation measures as they become available.

President Trump also signed a second Executive Order, “Ending Birth Tourism”, directing the Departments of State (DOS) and Homeland Security (DHS) to take additional measures aimed at preventing foreign nationals from traveling to the United States primarily to give birth.

The Executive Order instructs DOS and DHS to update existing policies, regulations, and agency guidance to identify and deter these individuals. It also directs the agencies to take appropriate enforcement actions, which may include denying or revoking visas, refusing admission at a U.S. port of entry, or initiating removal proceedings against individuals who enter (or facilitate another person’s entry into) the U.S. for the purpose of giving birth.

In addition, the Executive Order requires other federal agencies to share information with DHS and DOS, as appropriate, to support implementation and enforcement of these measures.

This Executive Order builds on the Administration’s broader efforts to restrict conduct it characterizes as “birth tourism.” Following the U.S. Supreme Court’s June 2026 decision addressing the Administration’s earlier birthright citizenship Executive Order, the Department of Justice announced that it would prioritize the investigation and prosecution of this conduct.

At this stage, it remains unclear what additional policy changes or enforcement measures DHS and DOS will implement beyond existing authority. We expect further agency guidance in the coming weeks, which should provide greater clarity regarding how these directives will be applied in practice.

Although these announcements have generated significant media attention, they do not currently change the rules governing U.S. citizenship at birth or visitor visa eligibility.

Individuals born in the United States continue to acquire U.S. citizenship under existing law, and there has been no announced change to the current citizenship determination process.

Similarly, visitors applying for B-1/B-2 visas should continue to expect that consular officers will evaluate the purpose of travel and determine whether applicants qualify under existing immigration laws and regulations.

Additional agency guidance may clarify whether these executive actions result in new adjudication procedures or primarily reinforce existing policies.

As with many recent immigration policy announcements, the legal process will likely determine whether, and to what extent, these executive actions ultimately take effect. We expect additional litigation, agency guidance, and potentially further judicial review over the coming months.

Brown Immigration Law will continue monitoring these developments and will provide updates as additional information becomes available.