A federal judge blocked enforcement of an executive order targeting “birth tourism” on September 2, 2026. The move prevents the government from denying citizenship to children of mothers that came to U.S. specifically for giving birth. This is the latest judicial block reinforcing birthright citizenship to children of non-citizens born in the U.S.
Background
The President signed executive order titled “Ending Birth Tourism” on August 6, 2026. The move attempted to roll back birthright citizenship by stripping visas or refusing entry to individuals coming to U.S. for childbirth. That framing wasn’t an accident. Chief Justice John Roberts struck down the President’s original attempt to end birthright citizenship via executive order last June (20June 30, 20 26) in Trump v. Barbara. In that decision the court reaffirmed that birthright citizenship extends to all children born on U.S. soil regardless of their parents’ citizenship status. The August order was the administration’s attempt to carve out exceptions the Court hadn’t explicitly foreclosed.
In response, the judge explained the government can’t deny citizenship to individuals recognized as Americans by SCOTUS and the 14th Amendment of the U.S. Constitution.
Impact
For now, the order can’t be enforced against the certified class of children, though federal agencies are still free to continue drafting implementation guidance behind the scenes. This ruling is only a preliminary injunction and the lawsuit will continue. The administration is expected to appeal to the Fourth Circuit though no appeal has been filed at this time. It is unknown how the appellate court, or possibly the Supreme Court again, will rule on this narrower version of the policy.
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