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 decision in Trump v. Barbara, which upheld birthright citizenship and struck down a broader attempt by Trump to limit it.

The first executive order identifies specific groups whose children would not be eligible for citizenship at birth. These include children born to parents deemed "alien enemies," foreign government employees, or those who have engaged in commercial transactions to obtain citizenship for their child. It also excludes children born in U.S. territories where citizenship is not granted by federal statute, as well as children of persons employed by international organizations with immunity and ambassadors—groups traditionally not subject to U.S. jurisdiction.

The second order addresses "birth tourism," delegating authority to the Secretary of State and Secretary of Homeland Security to halt the practice of traveling to the U.S. solely to give birth. While birth tourism is controversial, the U.S. government already has visa denial powers and has prosecuted operators of 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 combine unconstitutional provisions with symbolic gestures unlikely to have significant legal effect.

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 credit: Denis Shevchuk/Elnur/Dreamstime; Illustration: Fatima Ruiz, Midjourney)

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