Trump Issues New Executive Order Restricting Birthright Citizenship

On August 7, 2026, former President Donald Trump issued a new executive order aimed at narrowing birthright citizenship in the United States. This order follows a previous, broader executive order that was struck down by the Supreme Court in the case Trump v. Barbara, which had sought to deny citizenship to children born in the U.S. to undocumented immigrants and non-citizen parents on temporary visas.

The latest order restricts birthright citizenship for four categories of children:

• Children of "alien enemies," defined as those with at least one parent designated as a Foreign Terrorist Organization under 8 U.S.C. 1189 or as a Specially Designated Global Terrorist, consistent with the International Emergency Economic Powers Act and Executive Order 13224 (September 23, 2001), which blocks property and prohibits transactions with persons who commit or support terrorism.
• Children born in U.S. territories or territorial waters where citizenship is not granted by federal statute, notably American Samoa.

Except for children of foreign-government employees with diplomatic immunity, these children are generally entitled to birthright 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.

Legal experts note that no part of the United States has been invaded or occupied since World War II, and the order's restrictions are viewed as unconstitutional by some, given the Supreme Court's prior rulings.

Sources

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