On Thursday, August 7th, 2026, President Donald Trump signed two executive orders aimed at narrowly restricting birthright citizenship in the United States. These actions come 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 obtain citizenship for their child. It also excludes children born in U.S. territories or territorial waters where citizenship is not granted by federal statute, as well as children of persons employed by international organizations with immunity and ambassadors—though the latter group traditionally does not receive birthright citizenship due to diplomatic immunity.

The second order focuses on birth tourism, directing the Secretary of State and Secretary of Homeland Security to halt the practice of traveling to the U.S. solely to give birth. The White House asserts that these measures will "protect the meaning and value of American citizenship."

However, critics argue the orders will have little practical effect, describing them as combining unconstitutional provisions with "performance art." The U.S. government already possesses the authority to deny visas to those suspected of intending to give birth in the country for citizenship purposes and has prosecuted birth tourism operations, including under the Biden administration.

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

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