Trump Delivers Two Heavy Blows! This Path to the US Faces a Severe Crackdown

On August 6 local time, US President Donald Trump signed two executive orders: one to further restrict birthright citizenship policies, and the other to crack down on commercial “birth tourism” activities.

This marks another push by the White House to tighten related policies after the US Supreme Court previously rejected Trump's broader proposal to restrict birthright citizenship, drawing widespread attention.

According to the new executive order, if neither parent is a US citizen and certain conditions are met, the federal government will no longer issue or recognize certificates of US citizenship for individuals born in the United States.

The situations involved mainly include: one parent is determined to be a “hostile alien,” including members of designated foreign terrorist organizations or specially designated global terrorists; one parent is an employee of a foreign government, including diplomats, embassy or consulate employees, individuals employed by a foreign government in an official capacity, and employees of international organizations with immunity. Additionally, children born in the United States and US territories through commercial transactions or surrogacy arrangements are also excluded from the scope of birthright citizenship recognized by federal agencies. Furthermore, if a child is born in a US territory or territorial waters where federal law does not grant citizenship to those born in that region, birthright citizenship likewise does not apply.

The US Department of State, Department of Justice, Department of Homeland Security, and Social Security Administration are responsible for implementing the executive order, and all federal executive departments must issue supporting implementation guidelines within 30 days.

On June 30 this year, the US Supreme Court rejected Trump's previous, broader executive order restricting birthright citizenship for children of non-citizens. Therefore, how this new executive order will be implemented in the future and whether it will face judicial challenges again remains to be seen.

We will continue to follow up on relevant policy changes and share the latest updates with you as soon as possible.

Trump stated that the birthright citizenship system has long been abused, and “birth tourism” has developed into a business. He claimed that “hundreds of thousands” of people may obtain US citizenship for their children through such means each year.

The new executive order also targets commercialized “birth tourism in the US” as a key focus of the crackdown,

According to the executive order, the US government will strengthen crackdowns on foreigners entering the US on non-immigrant visas with the primary purpose of giving birth in the country. The US Department of State and Department of Homeland Security may take measures such as visa denial, visa revocation, denial of entry, deportation, or even permanent ban on entry in accordance with relevant regulations. Furthermore, individuals and organizations that organize, assist, or provide related “birth tourism in the US” services to foreigners may also face investigation and law enforcement.

This means that in the future, the US may conduct stricter scrutiny of visa applicants' purposes for visiting, reasons for entry, and related commercial arrangements.

From birthright citizenship to stricter regulation of “birth tourism in the US,” it is evident that the US is further strengthening its scrutiny of methods for acquiring status.

As policies on birthright citizenship and “birth tourism in the US” continue to tighten, the previous approach of some families relying on a child's birth to resolve future status issues is facing growing policy and legal uncertainties. For families with long-term plans to move to the US, the importance of planning a stable and compliant US status from the perspective of the family as a whole is further increasing.

Among current US immigration pathways, EB-5 Investment Immigration provides an option for eligible families to apply for a US Green Card. One person applies, and the whole family gets Green Cards, without relying on school admission, lottery results, or specific employer sponsorship. Currently, rural EB-5 projects have the advantages of no backlog and priority processing. The “concurrent filing” policy allows applicants who are in the US with legal status and face no backlog to simultaneously file Form I-526E and Form I-485, and apply for employment authorization and advance parole travel documents.

For those whose children have future plans to study or work in the US, or whose families have long-term needs to live in the US, resolving status issues in advance also means having more choices in future education, employment, and living arrangements.

Currently, the minimum investment for EB-5 remains $800,000, and the investment threshold is set to be adjusted starting January 1, 2027, with the minimum investment expected to rise to $900,000 to $950,000, or even higher. For families with clear needs for US status planning, the current period is an important window worth seizing.