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 commercial transactions to secure birthright citizenship. 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, children of diplomats with full immunity already do not receive birthright citizenship, as they are not subject to U.S. jurisdiction.

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

Despite White House claims that these measures will "protect the meaning and value of American citizenship," critics argue the orders combine unconstitutional provisions with symbolic gestures unlikely to have significant legal 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.

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