What is birthright citizenship and how common is birth tourism in the US?

President Donald Trump has issued new executive orders aimed at curbing "birth tourism" in the United States and restricting birthright citizenship for specific groups. This move represents a renewed effort by his administration to limit access to US citizenship, following the Supreme Court's rejection of his initial attempt in June.

Birthright citizenship, also known as "jus soli" or "right of the soil," is the practice of granting citizenship to individuals born on US territory, with certain exceptions. Birth tourism, conversely, involves foreign nationals traveling to the US specifically to give birth and secure US citizenship for their child.

**Understanding the Executive Orders**

On Thursday, Trump signed two executive orders, which are presidential directives to the federal government that do not require congressional approval.

The first order broadens the existing definitions of non-citizens whose children are ineligible for birthright citizenship. It prevents automatic citizenship for babies born in the US to two non-citizen parents if one parent is a member of a foreign terrorist group, a foreign government employee, has attempted to gain citizenship fraudulently, or resides in US territories where federal law does not grant citizenship.

While some of these categories were already excluded under current birthright citizenship rules, the provision concerning membership in a foreign terrorist group could pose challenges, according to Colleen Putzel-Kavanaugh, an associate policy analyst at the Migration Policy Institute (MPI), an independent nonpartisan research group. She noted the difficulty in determining how, when, and by whom membership would be established, and whether the burden of proof lies with the government or the individual.

The second order targets birth tourism by directing the departments of state and homeland security to enhance regulations and expand enforcement against the practice. Traveling to the US with the sole purpose of giving birth is already illegal. The executive order states that birth tourism operators use deceptive advertising to entice foreign nationals, promising citizenship, access to public benefits, and short-term stays in specialized facilities, hotels, or rentals, but often fail to deliver on these promises.

**The 14th Amendment and Birthright Citizenship**

The principle of birthright citizenship is enshrined in the 14th Amendment of the US Constitution. Originally, this law was intended to grant citizenship to American-born, formerly enslaved people after the American Civil War.

Currently, almost everyone born in the US is granted citizenship, regardless of their parents' citizenship status, with a few exceptions. These include children born in the US to foreign diplomats, those born to enemy soldiers during a hostile occupation of US territory, and those born in unincorporated US territories where a federal statute has not granted the right to citizenship. For instance, individuals born in Puerto Rico, Guam, and the US Virgin Islands automatically receive citizenship, while those born in unincorporated American Samoa are considered "non-citizen nationals."

**Prevalence of Birth Tourism**

On Thursday, Trump claimed that "hundreds of thousands" of babies have been born in the US through birth tourism, without providing evidence or specifying if this figure is annual.

While there are no specific government figures on women entering the US on tourism visas to give birth, data exists on foreign residents giving birth in the country. The most recent estimate from the Centers for Disease Control (CDC) indicates that just over 9,500 babies were born to foreign women in the US in 2024, based on births registered to mothers with foreign addresses. In comparison, there were 3.7 million total US births that same year, according to CDC figures, meaning babies born to foreign US residents constituted approximately 0.25% of the total.

However, the MPI suggests that government figures likely undercount the actual number, as foreigners might use a US address that is not their permanent home to register a birth. The MPI estimates that between 20,000 to 26,000 babies are born annually in the US as a result of birth tourism, representing about 0.5 to 0.7% of total annual births. This estimate is based on a broader review of US census data, though their study acknowledges the difficulty in obtaining exact numbers.

Putzel-Kavanaugh explained that "birth tourism inherently relies on the intent of an individual to come to the US to give birth and capturing that intent in data is difficult." She added that some women traveling might experience a medical emergency necessitating birth in the US, even if their original intent was to give birth in their home country.

**The Supreme Court and Birthright Citizenship**

The Trump administration's argument against birthright citizenship, when the case was before the Supreme Court in April, heavily emphasized the need to end birth tourism. Solicitor General D John Sauer contended that granting citizenship to everyone born on US soil has allowed the birth tourism industry to flourish, creating "a whole generation of American citizens abroad with no meaningful ties to the United States."

During the proceedings, Chief Justice John Roberts questioned Sauer on whether he agreed that birth tourism "has no impact on the legal analysis before us." Sauer responded that the existence of birth tourism demonstrates that the 14th Amendment has unintended consequences that its creators would never have approved. Sauer stated that "eight billion people are one plane ride away from having a child who's a US citizen."

Roberts, and ultimately the high court's majority, rejected this interpretation, stating: "Well, it's a new world. It's the same Constitution."

**International Context**

Trump has repeatedly asserted that the US is one of the only major countries that grants birthright citizenship. However, over 30 countries practice automatic "jus soli" with almost no restrictions, including Brazil, Argentina, Mexico, and most other Central and South American nations.

The US and Canada are the only two countries considered "developed" nations by the International Monetary Fund that grant mostly unrestricted birthright citizenship. Other countries, such as the UK and Australia, employ a modified version where citizenship is automatically granted if one parent is a citizen or permanent resident.