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 follow a recent Supreme Court ruling in Trump v. Barbara, which upheld birthright citizenship, striking down a broader attempt by Trump to limit it.

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 birthright citizenship. It also excludes children born in U.S. territories or territorial waters where citizenship is not granted by federal statute. The order additionally mentions children of persons with international-organization immunity and ambassadors, though such children traditionally do not receive birthright citizenship due to diplomatic immunity.

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, legal analysts argue these orders are mostly symbolic, combining unconstitutional provisions with what has been described as "performance art." The U.S. government already possesses authority to deny visas to those suspected of birth tourism and has prosecuted related schemes, including under the Biden administration.

The Framers of the Fourteenth Amendment extended citizenship to "every free-born person in this land," a principle reaffirmed by the Supreme Court. As such, these executive orders face significant legal hurdles and are unlikely to substantially alter birthright citizenship policy.

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

Sources

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