On Thursday, August 7th, 2026, President Donald Trump signed two executive orders attempting to narrowly restrict birthright citizenship in the United States. This move follows a recent Supreme Court decision in Trump v. Barbara, which upheld birthright citizenship under the Fourteenth Amendment, affirming the promise extended to "every free-born person in this land."

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" by the government, "foreign government employees," or those who have "engaged in a commercial transaction" to obtain birthright citizenship. 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 already generally excluded due to diplomatic immunity.

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 birth tourism operations, including under President Joe Biden's administration.

Despite the White House's claim that these measures will "protect the meaning and value of American citizenship," legal analysts argue the orders combine unconstitutional provisions with what amounts to political theater, and are unlikely to change existing law or practice.

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

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