On Thursday, August 7th, 2026, President Donald Trump signed two executive orders aimed at narrowly restricting birthright citizenship in the United States. This move comes 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. These include 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 persons employed by international organizations with immunity and ambassadors. Notably, children of diplomats with full immunity already do not receive birthright citizenship because they are not "subject to the jurisdiction" of the United States.

The second order addresses "birth tourism," where individuals 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. However, the U.S. already possesses visa denial powers in such cases and has prosecuted birth tourism schemes, including during the Biden administration.

The White House claims these measures will "protect the meaning and value of American citizenship." However, critics argue that the orders are largely symbolic and combine unconstitutional provisions with what has been described as "performance art," limiting their 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's recent ruling.

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