On Thursday, August 7th, 2026, President Donald Trump signed two executive orders intended to narrowly restrict birthright citizenship in the United States. These orders follow a recent Supreme Court decision in Trump v. Barbara, which upheld birthright citizenship and struck down a broader attempt by Trump to limit it.

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" 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 already generally excluded due to diplomatic immunity.

The second order targets "birth tourism," where individuals travel to the U.S. solely to give birth and secure citizenship for their child. It delegates authority to the Secretary of State and Secretary of Homeland Security to halt this practice. However, the U.S. government already possesses visa denial powers and has prosecuted 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 unlikely to have significant legal 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. As such, these executive orders face substantial legal hurdles.

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

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