President Donald Trump signed two executive orders on Thursday, August 7th, 2026, that seek to narrowly restrict birthright citizenship in the United States. These actions follow a recent Supreme Court ruling in Trump v. Barbara, which upheld birthright citizenship and struck down broader attempts to limit it.

The first executive order identifies certain 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 commercial transactions 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 persons employed by international organizations with immunity and ambassadors—groups already generally excluded due to diplomatic immunity.

The second order addresses "birth tourism," where individuals travel to the U.S. specifically 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. government already possesses the power to deny visas to applicants suspected of intending to give birth in the country and has prosecuted birth tourism operations, including during the Biden administration.

The White House claims these measures will "protect the meaning and value of American citizenship." However, critics argue the orders largely amount to "performance art" with limited legal effect, as they contain provisions that may be unconstitutional.

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

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

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