On Thursday, August 7th, 2026, President Donald Trump signed two executive orders aimed at narrowly restricting birthright citizenship in the United States. These actions come just over a month after the Supreme Court upheld birthright citizenship in the case Trump v. Barbara.

The first executive order identifies specific groups whose children would not be eligible 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 where citizenship is not granted by federal statute, as well as children of individuals employed by international organizations with immunity and ambassadors—groups already generally excluded due to diplomatic immunity.

The second order addresses "birth tourism," directing the Secretary of State and Secretary of Homeland Security to halt the practice where some women travel to the U.S. solely to give birth. The White House claims these measures will "protect the meaning and value of American citizenship."

However, critics argue these orders are largely symbolic and ineffective, combining unconstitutional provisions with what has been described as "performance art." The U.S. government already has authority to deny visas to those suspected of intending to give birth in the country for citizenship purposes and has prosecuted birth tourism schemes under previous administrations, including President Joe Biden's.

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

(Photo credits: Denis Shevchuk/Elnur/Dreamstime; Illustration by Fatima Ruiz, Midjourney)

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