Trump’s tougher round-two birthright citizenship strategy hinges on key legal distinction, experts say

This material may not be published, broadcast, rewritten, or redistributed. ©2026 FOX News Network, LLC. All rights reserved. Quotes displayed in real-time or delayed by at least 15 minutes. Market data provided by Factset. Powered and implemented by FactSet Digital Solutions. Legal Statement. Mutual Fund and ETF data provided by LSEG. Scholars agree that the new batch of President Donald Trump's executive orders touching on birthright citizenship raise novel legal questions. Conservative legal experts say President Donald Trump’s latest attempts to narrow birthright citizenship and crack down on birth tourism may have stronger legal footing than his first effort. After the Supreme Court ruled 6-3 in June that children born in the United States to parents who are unlawfully or temporarily present are citizens at birth under the 14th Amendment, Trump issued two new executive orders taking narrower approaches to citizenship and birth tourism. The first, signed Aug. 6, directs federal agencies to withhold documents recognizing citizenship from certain children born when neither parent is a U.S. citizen, including some whose parents are members of designated foreign terrorist organizat