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.

The first executive order specifies certain 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 commercial transactions to obtain birthright citizenship. It also excludes children born in U.S. territories or territorial waters where citizenship is not granted by federal statute. Additionally, it mentions children of persons employed by international organizations with immunity and ambassadors, although such children typically do not receive birthright citizenship due to diplomatic immunity.

The second order addresses "birth tourism," where individuals 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. The U.S. government already has 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 symbolic gestures and will have limited 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.

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

Sources