Trump's Birth Tourism & Birthright Orders: What Visa Applicants Need to Know Now
On August 6, Trump signed two executive orders targeting visa issuance for birth tourism and redefining birthright citizenship. The ACLU filed legal challenges days later. Here's what this means for your visa approval timeline.
Two Orders Issued, Immediate Legal Challenge Filed
On August 6, 2026, President Trump issued two executive orders aimed at limiting birthright citizenship under certain circumstances and ending "birth tourism" by imposing new vetting requirements on nonimmigrant travelers seeking entry to the United States. Within days, the American Civil Liberties Union on Tuesday launched a legal challenge to President Trump's new executive order restricting birthright citizenship—filed on August 11, 2026.
What the Orders Actually Do
The first order, titled "Continuing to Protect the Meaning and Value of American Citizenship," aims to exclude babies born to employees working for foreign governments, such as embassy or consulate staff who are foreign nationals. Also excluded are children of members of foreign terrorist groups and whose parents are "engaged in fraudulent activity to obtain citizenship."
The second executive order directs the State Department and DHS to deny or revoke nonimmigrant visas when there is reason to believe the purpose of travel is to give birth on U.S. soil. The order directs the U.S. Department of State to strengthen visa screening procedures and identify applicants who intend to travel to the United States to give birth. The order instructs consular officers to deny nonimmigrant visa applications when they have reason to believe the applicant will engage in birth tourism.
The Visa Screening Impact You Need to Know
The order directs the U.S. Department of State to strengthen visa screening procedures and identify applicants who intend to travel to the United States to give birth. This means visa officers will receive updated guidance on how to assess intent—potentially adding questions or scrutiny at the interview stage. Generally children of H-1B, F-1, and green card holders are not affected, but the broader visa approval process itself may face delays as agencies implement new procedures.
The orders direct federal agencies to issue updated guidance, policies, and operational procedures, signaling that further changes to visa processing and enforcement practices are forthcoming. The State Department, the Attorney General, the Department of Homeland Security, and the Social Security Administration have 30 days to explain how they will apply it.
Context: This Is Trump's Second Attempt
The orders come just five weeks after the Supreme Court's June 30 decision in Trump v. Barbara, which reaffirmed that nearly all children born in the United States are U.S. citizens at birth, regardless of their parents' immigration status. This is the White House's second try at narrowing birthright citizenship, and this time the orders are built around narrower exceptions the Court left open—foreign government employees, terrorist organization members, and those engaged in fraud.
The Legal Fight Is Active
The ACLU is asking the original judge that ruled in his favor to rule that Trump can't deny citizenship to anyone covered by that class-action lawsuit. The Court eventually ruled against President Donald Trump's efforts to end the practice, but now the ACLU is asking for clarification from a lower court about Trump's latest executive orders. The ask heads to U.S. District Judge Joseph Laplante, an appointee of former President George W. Bush who serves in New Hampshire.
Cody Wofsy, deputy director of the American Civil Liberties Union's Immigrants' Rights Project, said in a statement: "The Supreme Court already decided this issue: Birthright citizenship is guaranteed by the Constitution."
What's Different About the Birth Tourism Order
The order does not attempt to revoke birthright citizenship itself; rather, it targets the visa process for nonimmigrant travelers who enter the country specifically to give birth. The administration has framed this as a measure to protect the integrity of the immigration system rather than a challenge to the Fourteenth Amendment. This narrower framing may face different legal scrutiny than the first order—birth tourism prevention focuses on visa denial authority, not citizenship denials.
Government data show fewer than 10,000 births in the U.S. to mothers with foreign addresses in 2024, but estimates put "birth tourism" at 22,000 to 26,000 babies born annually in the country.
What Visa Applicants Should Do Now
If you are applying for a US nonimmigrant visa, expect consular officers to apply heightened scrutiny during the visa interview. Questions about your plans, family composition, and reasons for travel may become more detailed. The orders are not yet fully implemented—agencies have 30 days to issue guidance—but visa approval timelines could lengthen.
International job seekers should monitor USCIS and State Department announcements for updated procedures. The legal challenges filed by the ACLU will likely result in preliminary court decisions within weeks, which could clarify what agencies can and cannot ask. Bookmark agency websites and check Hireoven for updates as implementation guidance rolls out.