On Thursday, August 7th, 2026, President Donald Trump signed two executive orders intended to narrowly restrict birthright citizenship in the United States. These actions follow a recent Supreme Court decision in Trump v. Barbara, which upheld birthright citizenship under the Fourteenth Amendment, affirming the promise extended to "every free-born person in this land."

The first executive order identifies specific groups whose children would be ineligible for citizenship at birth. These include children of parents deemed "alien enemies" by the government, "foreign government employees," or those who have "engaged in a commercial transaction" 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—groups traditionally not subject to U.S. jurisdiction.

The second order addresses "birth tourism," a practice where some women travel to the U.S. solely to give birth on American soil. This order delegates authority to the Secretary of State and Secretary of Homeland Security to halt birth tourism. However, the U.S. government already possesses visa denial powers and has prosecuted birth tourism operations, including under the Biden administration.

Despite the White House's claim that these measures will "protect the meaning and value of American citizenship," critics argue the orders combine unconstitutional provisions with performative elements and are unlikely to have significant legal effect.

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