Trump Issues New Executive Order Restricting Birthright Citizenship

On August 7, 2026, former President Donald Trump issued a new executive order aimed at restricting birthright citizenship in the United States. This order follows a June Supreme Court ruling in Trump v. Barbara that invalidated 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 targets four specific categories of children, denying them birthright citizenship:

• 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 under 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 involved in 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 clause grants citizenship to all persons "born or naturalized in the United States, and subject to the jurisdiction thereof." The Supreme Court in Trump v. Barbara clarified that this includes children of all persons subject to U.S. law.

No part of the United States has been invaded or occupied since World War II, a point relevant to the interpretation of jurisdiction under the Citizenship Clause.

This new executive order is considered unconstitutional by legal experts, similar to the previous order struck down by the Supreme Court, though it affects a smaller group of individuals.

Sources

Reason: Trump Issues Another Unconstitutional Executive Order Targeting Birthright Citizenship

Tags

Supreme Court, United States, Donald Trump, Executive Order, Birthright Citizenship, Fourteenth Amendment, Foreign Terrorist Organization, International Emergency Economic Powers Act