On Thursday, August 7th, 2026, President Donald Trump signed two executive orders aimed at narrowly restricting birthright citizenship in the United States. These actions come just over a month after the Supreme Court upheld birthright citizenship in the case Trump v. Barbara.

The first executive order identifies specific groups whose children would not be eligible for citizenship at birth. These include children born to parents deemed "alien enemies," "foreign government employees," or those who have "engaged in a commercial transaction" to obtain 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 already generally excluded due to diplomatic immunity.

The second order addresses "birth tourism," delegating authority to the Secretary of State and Secretary of Homeland Security to halt the practice of traveling to the U.S. solely to give birth. Although birth tourism is controversial, the U.S. government already has visa denial powers and has prosecuted operators of birth tourism schemes, including under the Biden 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 symbolic gestures that will have little practical effect.

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

Sources

  • Reason, Billy Binion, "Trump's new birthright citizenship executive orders are mostly theater," August 7, 2026, link