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 just over a month after the Supreme Court upheld birthright citizenship in the case Trump v. Barbara, striking down a broader attempt by Trump to limit it.

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 obtain citizenship for their child. It also excludes children born in U.S. territories where citizenship is not conferred by federal statute, as well as children of persons employed by international organizations with immunity and ambassadors—groups already generally excluded due to diplomatic immunity.

The second order addresses "birth tourism," where some women travel to the U.S. solely to give birth and secure citizenship for their child. This order delegates authority to the Secretary of State and Secretary of Homeland Security to halt this practice. However, the U.S. already possesses visa denial powers and has prosecuted birth tourism schemes, including under the Biden administration.

The White House claims these measures will "protect the meaning and value of American citizenship." However, critics argue that the orders combine unconstitutional provisions with what amounts to political theater and 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 recently. Given this constitutional foundation, the new executive orders face significant legal and practical hurdles.

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

Sources

  • Reason, "Trump's new birthright citizenship executive orders are mostly theater," August 7, 2026, by Billy Binion Read more