On August 6, 2026, President Trump signed two executive orders that together mark a significant shift in federal policy on citizenship and immigration. The first, titled Continuing to Protect the Meaning and Value of American Citizenship, directs federal agencies not to issue or accept documents recognizing U.S. citizenship for certain persons born in the United States when neither parent is a U.S. citizen. The second, Ending Birth Tourism, instructs the Secretary of State and the Secretary of Homeland Security to prioritize the denial of visas to individuals suspected of traveling to the United States for the purpose of giving birth on U.S. soil.
These directives arrive only weeks after the Supreme Court struck down a prior attempt to end birthright citizenship as unconstitutional. That decision provides an important legal backdrop and strongly suggests that the newly issued orders will face substantial court challenges. Litigation seeking preliminary injunctions is likely in the near term, and the ultimate scope and enforceability of both orders remain uncertain while those challenges proceed.
In the meantime, the orders create immediate practical concerns for a range of clients. Families expecting a U.S. birth to non-citizen parents may encounter uncertainty when applying for U.S. passports, Social Security numbers, or Consular Reports of Birth Abroad. Employers sponsoring foreign national employees, as well as individuals with pending consular visa applications, should anticipate heightened scrutiny at U.S. embassies and consulates, particularly for applicants perceived to be pregnant or traveling for family-related reasons.
Clients should take several steps now. Those with pending or anticipated U.S. births to non-citizen parents should carefully review their documentation strategy, including hospital records and any evidence supporting a citizenship claim. Visa applicants should reassess travel timing, the stated purpose of travel, and the supporting evidence submitted with any application. Employers and HR teams should also monitor how consular posts implement the new guidance, as processing delays and refusals may increase.
Because the legal landscape is evolving rapidly and the impact of these orders will depend on individual facts, clients are encouraged to seek tailored advice regarding their specific circumstances before taking action.