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 ruling in Trump v. Barbara that upheld birthright citizenship, striking down a broader attempt by Trump to limit the policy.

The first executive order identifies specific groups whose children would be ineligible 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 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 such children typically do not receive birthright citizenship due to diplomatic immunity.

The second order addresses the issue of "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 birth tourism practices. However, the U.S. government already has visa denial powers and has prosecuted birth tourism schemes, including during President Joe Biden's administration.

The White House asserts that these measures will "protect the meaning and value of American citizenship." However, critics argue that the orders combine unconstitutional provisions with symbolic gestures, limiting their practical impact.

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 hurdles.

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

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