On Thursday, August 7th, 2026, former 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 certain groups whose children would not be eligible for citizenship at birth. It excludes children born to parents deemed "alien enemies" by the government, foreign government employees, or those who have engaged in commercial transactions to obtain birthright citizenship. It also excludes children born in U.S. territories where citizenship is not conferred 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," where individuals 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. The U.S. government already has 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 are largely symbolic and ineffective, combining unconstitutional provisions with what has been described as "performance art."

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

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