President Donald Trump signed two executive orders on Thursday, August 7th, 2026, aiming to narrowly restrict 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. It excludes children born to parents deemed "alien enemies," foreign government employees, or those who have engaged in commercial transactions 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, despite existing rules that children of diplomats with full immunity do not receive birthright citizenship because they are not subject to U.S. jurisdiction.

The second order addresses the practice of "birth tourism," where some women travel to the U.S. specifically to give birth. It delegates authority to the Secretary of State and Secretary of Homeland Security to halt this practice. The U.S. government already has the power to deny visas to applicants suspected of intending to give birth in the country and has prosecuted birth tourism operations, including during President Joe Biden's 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 ineffective, combining unconstitutional provisions with what has been described as "performance art."

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.

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

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