On Thursday, August 7th, 2026, President Donald Trump signed two executive orders that seek to narrowly restrict 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, striking down a broader attempt by Trump to suppress 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" 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 or territorial waters where citizenship is not granted by federal statute. Additionally, it mentions children of persons employed by international organizations with immunity and ambassadors, despite such children traditionally not receiving birthright citizenship due to their parents' diplomatic immunity.

The second order addresses "birth tourism," where some women travel to the U.S. to give birth solely to secure citizenship for their child. This order delegates authority to the Secretary of State and Secretary of Homeland Security to halt this practice. However, the U.S. already possesses visa denial powers and has prosecuted birth tourism operations, including under President Joe Biden's 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 what they describe as performance art, suggesting the orders will have little practical effect.

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

Sources

  • Reason, Billy Binion, "Trump's new birthright citizenship executive orders are mostly theater," August 7, 2026, link