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 the Supreme Court's recent decision in Trump v. Barbara, which upheld birthright citizenship under the Fourteenth Amendment.

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 secure 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. However, critics note that some exclusions, such as for children of diplomats who already do not receive citizenship, are redundant.

The second order addresses "birth tourism," a practice where some women travel to the U.S. to give birth and secure citizenship for their children. This order delegates authority to the Secretary of State and Secretary of Homeland Security to halt birth tourism. The U.S. government already possesses visa denial powers and has prosecuted birth tourism schemes, including during the Biden administration.

The White House asserts that these measures will "protect the meaning and value of American citizenship." However, analysis suggests the orders combine unconstitutional provisions with symbolic gestures unlikely to effect significant change.

The Framers of the Fourteenth Amendment extended citizenship rights to "every free-born person in this land," a principle reaffirmed by the Supreme Court. Given this constitutional foundation, the new executive orders face substantial legal and practical limitations.

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

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