On Thursday, August 7th, 2026, President Donald Trump signed two executive orders that seek to narrowly limit birthright citizenship in the United States. These actions follow a recent Supreme Court ruling in Trump v. Barbara that upheld birthright citizenship, striking down broader attempts to restrict 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 secure citizenship for their child. 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 individuals employed by international organizations with immunity and ambassadors, though children of diplomats with full immunity already do not receive birthright citizenship as they are not "subject to the jurisdiction" of the United States.

The second order addresses "birth tourism," where some women travel to the U.S. solely to give birth. It delegates authority to the Secretary of State and Secretary of Homeland Security to halt this practice. The U.S. government already has powers to deny visas to those suspected of intending to give birth in the country and has prosecuted birth tourism operations, including under 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," suggesting the orders will have little practical effect.

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

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