On Thursday, August 7th, 2026, President Donald Trump signed two executive orders aimed at narrowly restricting birthright citizenship in the United States. These orders come shortly after the Supreme Court upheld birthright citizenship in the case Trump v. Barbara, striking down a broader attempt by Trump to limit the policy.

The first executive order identifies specific groups whose children would be ineligible for citizenship at birth. It excludes children born to parents deemed "alien enemies," "foreign government employees," or those who have "engaged in a commercial transaction" to secure birthright citizenship. It also excludes children born in U.S. territories or territorial waters where citizenship is not granted by federal statute. The order further mentions children of persons employed by international organizations with immunity and ambassadors, although children of diplomats with full immunity already do not receive birthright citizenship as they are not subject to U.S. jurisdiction.

The second order addresses "birth tourism," where some women travel to the U.S. to give birth and secure citizenship for their child. It delegates authority to the Secretary of State and Secretary of Homeland Security to halt this practice. However, the U.S. government already possesses visa denial powers and has prosecuted birth tourism operations, including during President Joe Biden's administration.

The White House claims these measures will "protect the meaning and value of American citizenship." However, critics argue the orders combine unconstitutional provisions with what they describe as "performance art," and thus will have little practical effect.

The Framers of the Fourteenth Amendment extended birthright citizenship to "every free-born person in this land," a principle reaffirmed by the Supreme Court earlier this year.

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