Trump Issues New Executive Order Challenging Birthright Citizenship

Former President Donald Trump issued a new executive order on August 7, 2026, aiming to restrict birthright citizenship in the United States. This order follows a June ruling by the Supreme Court that struck down an earlier, broader executive order denying citizenship to children born in the U.S. to undocumented immigrants and non-citizen parents on temporary visas.

The new order excludes birthright citizenship for four specific categories of children:

• Those born to at least one parent designated as part of a Foreign Terrorist Organization under 8 U.S.C. § 1189 or labeled a Specially Designated Global Terrorist, consistent with the International Emergency Economic Powers Act (50 U.S.C. § 1701 et seq.) and Executive Order 13224 (September 23, 2001), which blocks property and prohibits transactions with persons supporting terrorism.
• Children born in U.S. territories or territorial waters where citizenship is not granted by federal statute, notably American Samoa.

With the exception of children of foreign-government employees with diplomatic immunity, these groups are generally entitled to citizenship under the Citizenship Clause of the Fourteenth Amendment. The Supreme Court in Trump v. Barbara clarified that the clause grants citizenship to all children "born or naturalized in the United States, and subject to the jurisdiction thereof," which includes children of all persons required to obey U.S. law.

The order affects a much smaller group than the previous one but is still considered unconstitutional by legal experts, as it conflicts with established interpretations of the Citizenship Clause.

No part of the United States has been invaded or occupied since World War II, a fact relevant to the order's reference to "alien enemies."

Sources

• Reason, Ilya Somin, Trump Issues Another Unconstitutional Executive Order Targeting Birthright Citizenship