After the August Executive Orders: What International Intended Parents Should Know About Birthright Citizenship, Visas, and Their Child’s Documents

By Yizhang (Julia) Shen, Esq. · Origo Law, APC

On June 30, 2026, the U.S. Supreme Court held in Trump v. Barbara that children born in the United States to parents who are here unlawfully, or lawfully but only on a temporary basis, are “subject to the jurisdiction” of the United States under the Fourteenth Amendment and are U.S. citizens at birth. Because of that ruling, Executive Order 14160 cannot be used to deny citizenship to these children. Many international intended parents working with a surrogate in the United States were relieved. Five weeks later, on August 6, the President signed two new executive orders. One of them expressly mentions commercial arrangements with a gestational carrier in the United States.

This article sets out where things stand as of October 4, 2026, and what it may mean for international intended parents. Each point is tied to a source so you can check it yourself.

1. Timeline

• Jan. 20, 2025: Executive Order 14160 is signed. It tried to deny citizenship to some children born in the U.S. Courts blocked it, and it never took effect. [1]
• June 30, 2026: In Trump v. Barbara, the Supreme Court rules 6–3 that children born in the U.S. to parents who are here unlawfully, or lawfully but only temporarily, are citizens at birth, and affirms the lower courts. The majority relies on the Fourteenth Amendment. Justice Kavanaugh concurs in the judgment on statutory grounds. [1][2]
• Aug. 6, 2026: The President signs EO 14418, “Continuing to Protect the Meaning and Value of American Citizenship,” and EO 14419, “Ending Birth Tourism.” Both are published in the Federal Register on August 11. [3][4][5]
• Sept. 1, 2026: Reuters reports that the State Department has drafted a rule that would require parents to prove their own citizenship or immigration status when they apply for a child’s passport. This is a draft and is not in effect. [6]
• Sept. 2, 2026: A federal court in Maryland, in CASA v. Trump, issues a preliminary injunction against EO 14418 for a defined group of children. [7][8]
• Sept. 23, 2026: The State Department announces a new visa restriction policy for people who “engage in or facilitate birth tourism.” [9][10]
• Oct. 1, 2026: The State Department says it has revoked more than 250,000 visas during the President’s second term, about 2,300 of them related to birth tourism. [11][12]

2. EO 14418 names third-party reproduction

Under this order, when neither of the child’s parents is a U.S. citizen and one of the situations listed in Section 2 applies, federal departments and agencies may not issue documents that recognize the child as a U.S. citizen. They also may not accept documents from state, local, or other governments that claim to recognize the child’s citizenship. [3] Section 2(c) covers cases where a parent enters into a commercial transaction to “purchase or obtain” birthright citizenship, or obtains citizenship through fraud. It lists two examples: [3]

• the parents enter into a commercial transaction so that the child’s mother gives birth in the United States or a U.S. territory; and
• the parents enter into a commercial transaction with a surrogate in the United States or a U.S. territory so that she gives birth.

The order gives agencies 30 days to issue guidance on how to carry it out. It does not say which birth dates it applies to. [3][13]

Worth noting: By its own terms, the order applies only when “neither parent is a U.S. citizen.” But in third-party reproduction, it is not clear how federal policy will decide who the “parents” and the “mother” are. It could look at genetics, at who gave birth, or at a parentage judgment under state law. [14]

3. Who does the September 2 injunction protect?

Judge Deborah L. Boardman of the federal district court in Maryland found that the plaintiffs are likely to win on their claim that the order is unconstitutional as applied to the certified class. For that class, she blocked Sections 2(a), 2(b), and 2(c), including the commercial-transaction clause above. Section 2(d), which deals with certain U.S. territories, is not covered. [8]

What matters is how the class is defined, and it is defined by the mother’s status. It covers children born in the United States after February 19, 2025, where (1) the mother was in the U.S. unlawfully and the father was not a U.S. citizen or green card holder; or (2) the mother was in the U.S. lawfully but only on a temporary basis, and the father was not a U.S. citizen or green card holder. [8]

• The opinion does not discuss cases where the intended parents are outside the U.S. and a gestational carrier gives birth. [8]
• One firm in this field has pointed out that if the carrier is a U.S. citizen, the facts are different from those of a “temporary-status mother” in the class. [14]
• The government is expected to appeal. [7]

Put simply: it is not settled whether this injunction protects a child born in the U.S. through third-party reproduction when both intended parents are foreign nationals. For that reason, rules aimed at traditional “birth tourism” should not simply be applied as-is to international intended parents. The child’s citizenship, the intended parents’ own visas and entry, and parentage under state law are separate legal questions, and each needs its own analysis. The Supreme Court’s reading of the Fourteenth Amendment in Barbara gives strong grounds to challenge EO 14418, but the result will depend on the cases still to come.

4. EO 14419 and intended parents’ visas

EO 14419 defines “birth tourism” as a foreign national entering the U.S. on a nonimmigrant visa in order to give birth here. It authorizes the State Department and the Department of Homeland Security, within their legal authority and discretion, to refuse visas or travel authorizations, deny entry, revoke visas or travel authorizations, and, where appropriate, permanently bar entry. Waivers are possible for humanitarian reasons or in the national interest. [4]

• The order does not mention third-party reproduction. [4] One law firm’s view is that it should not apply to intended parents who are not pregnant themselves, but it recommends planning for the worst case. [15]
• No court has blocked this order. It is being enforced now. [16]
• Separately, a 2020 State Department rule (22 CFR 41.31) already says that coming to the U.S. to give birth so the child gets U.S. citizenship is not an allowed purpose for a B visa. Consular officers may presume that a pregnant applicant who expects to give birth during her stay is coming mainly for that reason. [17]
• On September 23, 2026, the State Department announced visa restrictions under INA § 212(a)(3)(C) on people who engage in or facilitate birth tourism. The policy covers owners, operators, and managers of commercial birth tourism networks; visa “fixers” who help applicants commit fraud; staff of foreign medical facilities who knowingly help with this travel and with Medicaid fraud; and anyone else who assists or supports commercial birth tourism. Certain family members may also be restricted. [9]

5. Visa revocations: the public numbers

• June 10, 2026: The State Department said one embassy in West Africa had uncovered a network of more than 100 people, an embassy in Europe had found more than 400 suspicious cases since 2024, and an embassy in North Africa had revoked more than 100 visas. [18]
• Aug. 20, 2026: A deputy State Department spokesperson said nearly 900 visas tied to birth tourism had been revoked since early August. [19]
• Oct. 1, 2026: Spokesperson Pigott said more than 250,000 visas had been revoked during the second term, about 2,300 of them tied to birth tourism. [11][12]

Note: These numbers cover different time periods and were counted in different ways. The government has not broken them down by nationality or visa type, so they should not be compared with each other or used to work out other figures.

6. After the birth: birth certificate and U.S. passport

• A passport for a child under 16 must be applied for in person, and normally both parents must be there. If one parent cannot come, a notarized consent form (DS-3053) is needed. If the birth certificate does not show the parent-child relationship, other documents, such as a court order, are needed. [20]
• The State Department is drafting a rule that would make parents prove their own citizenship or immigration status. It is not in effect, and its scope and timing are not known. [6]
• A parentage judgment decides who the parents are under state law. Passport eligibility is decided by the State Department under federal law. No single document guarantees the outcome. [14]

7. Other entry rules still in effect

• Since September 2, 2025, interview waivers for nonimmigrant visas have been sharply cut back. Most applicants now must interview in person, generally in their country of nationality or residence. [21]
• Since January 1, 2026, the United States has expanded entry and visa restrictions on nationals of certain countries. Mainland China and Hong Kong are not currently on the full or partial restriction lists. [22]

8. Planning suggestions for international intended parents

• Before the embryo transfer, talk to both an assisted reproduction lawyer and an immigration lawyer about how the new orders and court cases could affect your family.
• When you apply for a visa, state the purpose of your trip truthfully, and keep everything you submit consistent.
• Keep a full set of your legal documents (your surrogacy or donation agreements, your parentage judgment, and so on) ready for your child’s birth certificate and passport applications.
• Leave plenty of time for visa interviews, your child’s documents, and any extra review.
• Keep an eye on the CASA v. Trump appeal, the State Department’s passport rule, and how EO 14419 is enforced. Go by the latest official information.

Sources

1. [1] ACLU: Supreme Court Rules to Protect Birthright Citizenship in Landmark Case
   https://www.aclu.org/news/immigrants-rights/supreme-court-rules-to-protect-birthright-citizenship-in-landmark-case
2. [2] U.S. Supreme Court: Trump v. Barbara, No. 25-365 (June 30, 2026), opinion
   https://www.law.cornell.edu/supremecourt/text/25-365
3. [3] The White House: Continuing to Protect the Meaning and Value of American Citizenship (EO 14418)
   https://www.whitehouse.gov/presidential-actions/2026/08/continuing-to-protect-the-meaning-and-value-of-american-citizenship/
4. [4] The White House: Ending Birth Tourism (EO 14419)
   https://www.whitehouse.gov/presidential-actions/2026/08/ending-birth-tourism/
5. [5] Federal Register: Continuing To Protect the Meaning and Value of American Citizenship (Aug. 11, 2026)
   https://www.federalregister.gov/documents/2026/08/11/2026-16403/continuing-to-protect-the-meaning-and-value-of-american-citizenship
6. [6] Erickson Immigration Group: State Department Proposes Parental Citizenship Documentation for Child Passport Applications
   https://eiglaw.com/media-reports-state-department-proposes-new-parental-citizenship-documentation-requirement-for-child-passport-applications/
7. [7] Fragomen: District Court Issues Preliminary Injunction Against Latest Executive Order on Birthright Citizenship
   https://www.fragomen.com/insights/united-states-district-court-issues-preliminary-injunction-against-latest-executive-order-on-birthright-citizenship.html
8. [8] CASA, Inc. v. Trump, preliminary injunction opinion (D. Md., Sept. 2, 2026; archived by Georgetown ICAP)
   https://www.law.georgetown.edu/icap/wp-content/uploads/sites/32/2026/09/CASA-v.-Trump-PI-Opinion-2026.pdf
9. [9] U.S. Department of State: Protecting the Sanctity of U.S. Citizenship: A New Visa Restriction Policy for Those Who Engage in or Facilitate Birth Tourism
   https://www.state.gov/releases/office-of-the-spokesman/2026/09/protecting-the-sanctity-of-u-s-citizenshipa-new-visa-restriction-policy-for-those-who-engage-in-or-facilitate-birth-tourism
10. [10] Voz: State Department announces new visa restrictions against those who facilitate birth tourism (Sept. 23, 2026)
    https://voz.us/en/politics/260923/39350/the-state-department-announces-new-visa-restrictions-against-those-who-facilitate-birth-tourism.html
11. [11] Fox News: State Department revokes over 250,000 visas
    https://www.foxnews.com/us/state-department-revokes-250000-visas-broad-immigration-vetting-crackdown
12. [12] KATV: State Department says more than 250,000 visas revoked (Oct. 1, 2026)
    https://katv.com/news/nation-world/state-department-says-more-than-250000-visas-revoked-president-trump-tommy-pigott-asylum-crimes
13. [13] Klasko Immigration Law Partners: Citizenship and Birth Tourism Executive Orders
    https://www.klaskolaw.com/citizenship-and-birth-tourism-executive-orders/
14. [14] ACRC Global: U.S. Birthright Citizenship and Surrogacy: 2026 Update
    https://www.acrcglobal.com/post/birthright-citizenship-us-surrogacy-2026-update
15. [15] Surratt Law: Birthright Citizenship and Surrogacy: September 2026 Update
    https://www.surrattlaw.com/blog/birthright-citizenship-surrogacy-update/
16. [16] Shumaker: New Executive Orders Target Birthright Citizenship and Birth Tourism
    https://www.shumaker.com/insight/client-alert-new-executive-orders-target-birthright-citizenship-and-birth-tourism-what-you-need-to-know-now/
17. [17] AILA: DOS Final Rule Concerning “Birth Tourism” and Medical Treatment for B Visa Applicants (2020)
    https://www.aila.org/dos-final-rule-concerning-birth-tourism-medical
18. [18] NBC DFW: U.S. revokes visas of tourists who came to give birth (June 10, 2026)
    https://www.nbcdfw.com/news/national-international/us-revoking-visas-tourists-alleged-birth-tourism/4034975/
19. [19] KFOX: Nearly 900 birth tourism visas revoked since early August (Aug. 20, 2026)
    https://kfoxtv.com/news/local/us-state-dept-nearly-900-birth-tourism-visas-revoked-since-early-august
20. [20] U.S. Department of State: Children Under 16 (passport requirements)
    https://travel.state.gov/content/travel/en/passports/need-passport/under-16.html
21. [21] Fragomen: Starting September 2, State Department Eliminates Nonimmigrant Visa Interview Waivers for Most
    https://www.fragomen.com/insights/united-states-starting-september-2-state-department-eliminates-nonimmigrant-visa-interview-waivers-for-most.html
22. [22] MIT ISCHO: Travel Ban Expansion Effective January 1, 2026
    https://ischo.mit.edu/news/travel-ban-expansion-effective-january-1-2026