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 ruling in Trump v. Barbara, which upheld birthright citizenship and struck down a broader attempt by Trump to suppress it.

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 where citizenship is not granted by federal statute, as well as children of persons employed by international organizations with immunity and ambassadors—groups already generally not subject to U.S. jurisdiction.

The second order addresses "birth tourism," where individuals travel to the U.S. to give birth and secure citizenship for their child. It delegates authority to the Secretary of State and Secretary of Homeland Security to halt this practice. However, the U.S. government already possesses visa denial powers and has prosecuted birth tourism schemes, including under the Biden administration.

The White House asserts that these measures will "protect the meaning and value of American citizenship." Nevertheless, critics argue the orders largely amount to "performance art" with limited practical impact due to constitutional constraints.

The Framers of the Fourteenth Amendment extended citizenship to "every free-born person in this land," a principle reaffirmed by the Supreme Court. The new executive orders attempt to carve out exceptions but face significant legal challenges.

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