On Thursday, August 7th, 2026, President Donald Trump signed two executive orders that seek 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, striking down a broader attempt by Trump to suppress it.

The first order identifies specific groups whose children would be ineligible for citizenship at birth, including those whose parents are deemed "alien enemies," foreign government employees, or who have engaged in commercial transactions to obtain citizenship for their child. It also excludes children born in U.S. territories or territorial waters where citizenship is not granted by federal statute, as well as children of persons employed by international organizations with immunity and ambassadors. Notably, children of diplomats with full immunity already do not receive birthright citizenship because they are not subject to U.S. jurisdiction.

The second order focuses on "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 that the orders are largely symbolic and 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 schemes, including under President Joe Biden's administration.

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

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

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