Trump Issues New Executive Order Restricting Birthright Citizenship

On Friday, August 7th, 2026, former President Donald Trump issued a new executive order aiming to limit birthright citizenship in the United States. This order follows the Supreme Court's June decision in Trump v. Barbara, which struck down an earlier, broader executive order denying citizenship to children born in the U.S. to undocumented immigrants and non-citizens on temporary visas.

The new order narrows its focus, denying birthright citizenship to four specific categories of children:

• Children of "alien enemies," defined as those with at least one non-citizen parent designated as part of a Foreign Terrorist Organization under 8 U.S.C. 1189 or as a Specially Designated Global Terrorist under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and Executive Order 13224 (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 groups 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," including those born to parents who must obey U.S. law.

The executive order's constitutionality remains in question, as it restricts citizenship rights recognized by the Supreme Court. No part of the United States has been invaded or occupied since World War II, a condition sometimes cited in exceptions to birthright citizenship.

Sources

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