On Thursday, August 7th, 2026, President Donald Trump signed two executive orders aimed at narrowly restricting birthright citizenship in the United States. These orders follow a recent Supreme Court decision in Trump v. Barbara, which upheld birthright citizenship, striking down broader attempts to limit it.

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 obtain 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—groups traditionally not subject to U.S. jurisdiction.

The second order addresses "birth tourism," a practice where some women travel to the U.S. 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 birth tourism. However, the U.S. government already has the power to deny visas to those suspected of intending to give birth in the country and has prosecuted birth tourism operations, 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, limiting their real-world impact. The Framers of the Fourteenth Amendment extended citizenship to "every free-born person in this land," a principle reaffirmed by the Supreme Court.

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

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