Trump signs new birthright citizenship rules after Supreme Court setback: What it means for Indians

Instead of targeting all children born in the US to parents who are undocumented or live in the country temporarily, the new orders zero in on smaller groups: children born to foreign government or embassy staff, children of people the administration labels “alien enemies,” and children whose parents are found to have used ‘fraud’ to gain citizenship, according to the Associated Press.

The second order targets what the White House calls “birth tourism”: pregnant travellers who come to the US mainly to have their child born on American soil, giving the newborn automatic citizenship. Under the new rules, tighter checks would apply to visitors applying for visas with this purpose, Reuters reported.

Speaking at the Oval Office, White House aide Stephen Miller said the government considers the practice of birth tourism as “hereby banned.” Trump, too, defended the move, arguing the country is being taken advantage of by people who pay their way into citizenship rather than earn it.

Legal groups are already lining up against the orders. The American Civil Liberties Union says the effort is bound to fail, given the Supreme Court ruling just weeks ago. ACLU lawyer Cody Wofsy asserted that “birthright citizenship is guaranteed by the Constitution.”

In June, the Supreme Court struck down Trump’s original birthright citizenship order by a 6-3 vote, upholding the long-standing reading of the 14th Amendment, which grants citizenship to almost anyone born on US soil.

The ruling was seen as a major setback for the administration, though the narrower 5-vote margin on the core constitutional question left some legal observers uneasy about how settled the issue really was.

Now, the Trump administration is betting on a more targeted order that can survive legal challenges by staying outside the exact scope of what the Court struck down. Whether that bet pays off is far from certain, and court challenges are expected soon.

For families abroad who travel to the US for childbirth including many from India, these orders have raised fresh questions about visas, planning, and what happens next.

What do Trump’s new orders do?

The first order narrows who automatically gets citizenship at birth. It targets children of foreign diplomatic or embassy staff, children of people classified as “alien enemies,” and children of parents who obtained their own citizenship through fraud, AP reported.

The second order takes aim at birth tourism directly, tightening visa scrutiny for travellers perceived to be visiting mainly to give birth in the US, according to Reuters.

Why is Trump trying again?

Trump has called the Supreme Court’s June ruling “deeply unfair” and says he intends to keep restricting birthright citizenship in “a different way,” since Congress has not yet acted on the matter.

The administration argues these new orders fall outside what the Court actually ruled on, since they target narrower, historically debated exceptions rather than the broader group covered by the earlier order.

Can Trump legally end birthright citizenship?

Most legal experts and immigrant rights groups doubt it. The ACLU and other advocacy groups say the Constitution’s 14th Amendment is unambiguous and that no executive order can override it.

Legal challenges are expected quickly, and courts could block the orders before they take effect, much like what happened the first time.

What does this mean for Indian travellers?

India is regularly cited as one of the top countries of origin for birth tourism to the US, alongside China and a handful of others, according to reports.

• Tighter visa interviews: Pregnant applicants, or those who may appear to be planning a US birth, could face closer questioning about the purpose of their trip.
• Possible denials or delays: Visa officers may have wider discretion to reject applications if birth tourism is suspected, even without formal proof.
• No immediate change for children already born in the US: The current orders do not appear to strip citizenship from children already born on US soil; they focus on future eligibility and narrower categories.
• Continued uncertainty: Because legal challenges are expected, families should treat this as an evolving situation rather than settled policy.

How many people does birth tourism actually involve?

There’s no official count. The Migration Policy Institute has estimated that around 26,000 births a year out of roughly 3.5 to 3.6 million total US births could fall into the birth tourism category, according to AP.

A separate 2020 estimate cited by Reuters, from the Centre for Immigration Studies, puts the figure between 20,000 and 25,000 mothers a year.

What is Birthright Citizenship?

• Guaranteed under the 14th Amendment of the US Constitution.
• Grants automatic US citizenship to most children born on American soil.
• Long-standing exceptions include children of foreign diplomats.
• Has been part of US constitutional law for more than 150 years.
• Trump argues it is being misused and wants a narrower interpretation through executive action.
• Any major change is expected to face constitutional challenges in US courts