On Thursday, August 7th, 2026, President Donald Trump signed two executive orders aimed at narrowly restricting birthright citizenship in the United States. These actions follow a recent Supreme Court decision in Trump v. Barbara, which upheld birthright citizenship under the Fourteenth Amendment, affirming the promise extended to "every free-born person in this land."

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" by the government, "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, despite existing diplomatic immunity rules that already exclude such children from birthright citizenship.

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. government already possesses visa denial powers and has prosecuted birth tourism operations, including under the Biden administration.

Despite the White House's claim that these measures will "protect the meaning and value of American citizenship," critics argue the orders are largely symbolic and combine unconstitutional provisions with what has been described as "performance art." Given the Supreme Court's recent ruling, the practical impact of these orders is expected to be minimal.

Sources

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