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 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 such children typically do not receive birthright citizenship as their parents are not "subject to the jurisdiction" of the United States.

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 U.S. government already has authority to deny visas for this purpose and has prosecuted birth tourism operations, including during 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 combine unconstitutional provisions with what they describe as performance art and will have little practical effect. The Framers of the Fourteenth Amendment extended birthright citizenship to "every free-born person in this land," a principle reaffirmed by the Supreme Court.

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

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