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," "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. The order further mentions children of persons employed by international organizations with immunity and ambassadors, though these groups are already generally excluded from birthright citizenship due to diplomatic immunity.

The second order addresses "birth tourism," where some women travel to the U.S. solely to give birth on American soil. It delegates authority to the Secretary of State and Secretary of Homeland Security to halt this practice. However, the U.S. government already has visa denial powers and has prosecuted birth tourism schemes, including under the Biden administration.

Despite the White House's claim that these measures will "protect the meaning and value of American citizenship," legal analysts argue the orders combine unconstitutional provisions with performative elements and are unlikely to effect meaningful change.

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

Sources

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