Trump Targets Birth Tourism With Two New Decrees

What Is Birth Tourism and Why Is Trump Targeting It?

Birth tourism refers to the practice of traveling to the United States specifically to give birth so that the newborn receives automatic U.S. citizenship. The Trump administration argues that a profitable industry of companies has emerged to help foreigners exploit this right, offering services that include entry planning and birth logistics.

What Exactly Do the Two New Decrees Do?

Signed on August 6, 2026, the decrees aim to block automatic citizenship in four specific scenarios:

• Children born to women who entered the U.S. solely to give birth through a commercial birth-tourism scheme.
• Children born through surrogacy arrangements used for this purpose.
• Children born in U.S. territories that are not among the 50 states, such as Puerto Rico — though this change would require Congressional approval.
• Children of individuals designated as "foreign enemies" by the federal government, including members of terrorist organizations.
• Children of foreign diplomatic staff working in the U.S.

Are Brazilians Who Already Had Children in the U.S. Affected?

No. According to Axios, the decrees are expected to apply only to future births. Brazilians whose children were already born in the United States should not be affected by the new rules.

Can Pregnant Women Still Travel to the U.S.?

Traveling while pregnant is not automatically prohibited, but women who authorities determine entered the country exclusively to give birth through a commercial scheme may face deportation and a permanent ban from the United States.

Is Birthright Citizenship Over in the U.S.?

Not yet. This is Trump's second attempt to limit birthright citizenship — a previous executive order signed last year was blocked by the courts. The constitutional basis for birthright citizenship (the 14th Amendment) remains in place, and legal challenges to these new decrees are expected.