President Donald Trump signed two executive orders on Thursday, August 7th, 2026, aiming to narrowly restrict birthright citizenship in the United States. These orders 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. It excludes children born to parents deemed "alien enemies" by the government, "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 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," directing the Secretary of State and Secretary of Homeland Security to halt the practice of traveling to the U.S. solely to give birth. The White House claims these measures will "protect the meaning and value of American citizenship."

However, critics argue the orders are largely symbolic and legally ineffective, combining unconstitutional provisions with what has been described as "performance art." The U.S. government already possesses the authority to deny visas to those suspected of intending to give birth in the country and has prosecuted birth tourism operations, including under President Joe Biden's administration.

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

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