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 decision in Trump v. Barbara, which upheld birthright citizenship, striking down a broader attempt by Trump to limit it.

The first executive order identifies specific groups whose children would be excluded from birthright citizenship. It targets 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 or territorial waters where citizenship is not granted by federal statute. The order further mentions children of individuals employed by international organizations with immunity and ambassadors, though the latter already do not receive birthright citizenship due to diplomatic immunity.

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. However, the U.S. government already possesses the power to deny visas to those suspected of intending birth tourism and has prosecuted operators of such schemes, including during President Joe Biden's administration.

The White House claims these measures will "protect the meaning and value of American citizenship." However, critics argue that the orders combine unconstitutional provisions with what amounts to political theater and will have little practical effect.

The Framers of the Fourteenth Amendment extended birthright citizenship to "every free-born person in this land," a promise reaffirmed by the Supreme Court. Given this constitutional foundation, the new executive orders face significant legal hurdles.

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

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