This article was written by Emma Marshall — Community Manager
We believe this article is accurate at the time of writing, but regulations evolve. We'd welcome you to contact us for a quick, up-to-date confirmation—we're always glad to help.
President Trump signed two executive orders in August 2026 targeting birthright citizenship and birth tourism, narrowing the circumstances under which US citizenship is conferred to children born on American soil. The orders are currently subject to legal challenge, but the direction of policy is clear.
What this article covers:
- What the two executive orders change and who is affected
- Legal status and anticipated challenges
- Implications for HNW families relying on US birth as a citizenship strategy
- How proactive planning can provide more reliable alternatives
What the Executive Orders Change
The first order would deny US citizenship to children born on American soil in four specific categories: children of alien enemies, children of foreign government employees, children whose parents paid to access birthright citizenship, and children born in US territories where federal statute does not confer citizenship. The second empowers the Secretaries of State and Homeland Security to deny and revoke visas, impose permanent entry bars, and act against organisations facilitating birth tourism. Federal agencies have 30 days to issue implementation guidance. The ACLU has confirmed it will challenge both orders; both are substantially narrower than Executive Order 14160, which the Supreme Court struck down in June 2026.
What This Means for Internationally Mobile Families
For HNW clients who have historically viewed a US birth as a supplementary citizenship option, the sustained executive pressure on birthright access signals that this route is no longer reliable as a long-term planning tool. Even if the orders are eventually blocked, the policy environment has shifted materially. Families building multi-generational mobility strategies should not depend on incidental jus soli access. The more prudent approach is to build programme-based citizenship or residency through structured citizenship by investment or residency by investment advisory, where eligibility is defined, documented, and not subject to executive revision.
If this development prompts a review of your family's citizenship and mobility strategy, Marlow Bray's advisory team is available for a consultation to walk through the options best suited to your circumstances.
