President Donald Trump signed two executive orders on Thursday, August 7th, 2026, aiming to narrowly restrict birthright citizenship in the United States. These actions follow 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 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 where citizenship is not conferred by federal statute, as well as children of persons employed by international organizations with immunity and ambassadors—groups that already typically do not receive birthright citizenship due to diplomatic immunity.

The second order addresses "birth tourism," a practice where some women travel to the U.S. solely to give birth and secure citizenship for their child. This order delegates authority to the Secretary of State and Secretary of Homeland Security to halt birth tourism. However, the U.S. government already possesses visa denial powers and has prosecuted birth tourism schemes, including during President Joe Biden's administration.

Despite the White House's claim that these measures will "protect the meaning and value of American citizenship," critics argue the orders are largely symbolic and combine unconstitutional provisions with what has been described as "performance art." Given the Supreme Court's recent ruling, the practical impact of these orders is expected to be minimal.

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

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