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, striking down a broader attempt by Trump to limit the policy.

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" by the government, foreign government employees, or those who have "engaged in a commercial transaction" to obtain birthright 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 U.S.

The second order addresses "birth tourism," where some women travel to the U.S. solely to give birth and secure citizenship for their child. It delegates presidential authority to the Secretary of State and Secretary of Homeland Security to halt this practice. However, the U.S. government already possesses the power to deny visas to those 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 the orders combine unconstitutional provisions with what amounts to performance art, and thus will have little practical effect.

The Framers of the Fourteenth Amendment extended citizenship to "every free-born person in this land," a promise reaffirmed by the Supreme Court's recent ruling.

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