Revamping Birthright Citizenship: Trump Signs New Executive Orders in Response to Supreme Court Ruling

Updated on: August 6, 2026 / 6:39 PM EDT / CBS News

President Trump has signed two executive orders aimed at redefining birthright citizenship in response to a recent Supreme Court ruling.

The move marks a significant shift in the administration's stance on the issue, with the president claiming that previous attempts were 'unfortunate' and that the new orders will bring adjustments.

One order targets commercial 'birth tourism,' where individuals travel to the United States with the intention of giving birth to a child who will automatically become a citizen. This, according to White House deputy chief of staff Stephen Miller, is a 'broken system' that enables foreigners to exploit the benefits of U.S. citizenship.

'The idea that people come here pretending to be a tourist, pretending to be a visitor, but the real reason they're here is to have a child, to make that child an automatic citizen, leave our country, and then have a U.S. citizen child,' Miller explained.

Miller argued that this practice gives those involved access to welfare benefits, the voting booth, and other rights and privileges that 'belong solely to Americans.' However, critics argue that the issue is more complex and that the new orders are an attempt to restrict citizenship rights.

The Supreme Court struck down the president's earlier executive order, which aimed to end birthright citizenship, in a 6-3 decision.

The 14th Amendment, ratified in 1868, guarantees citizenship to anyone born or naturalized in the United States and subject to its jurisdiction. However, the Supreme Court has consistently interpreted this as applying to children born to non-citizen parents who are subject to U.S. jurisdiction.

The Trump administration argues that this interpretation is out of sync with the original intent of the amendment, which they claim was only intended to address the aftermath of slavery.

'This was done right after the Civil War,' Trump said. 'This was for the babies of slaves.'

However, experts argue that the administration's interpretation is a misreading of history and that the Supreme Court is correct in its interpretation.

The implications of the new orders are far-reaching, potentially affecting thousands of individuals and families.

While the orders are aimed at stemming the tide of 'birth tourism,' they have been met with widespread criticism from human rights groups and immigration experts.

As the debate over birthright citizenship continues to unfold, the Supreme Court's stance on the issue remains a crucial factor in the conversation.

Looking ahead, it is clear that this issue will continue to be a major point of contention between the administration and the courts.

The future of birthright citizenship hangs in the balance, and only time will tell if the new orders will stand the test of constitutional scrutiny.