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 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" by the government, foreign government employees, or those who have engaged in commercial transactions 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—though the latter groups are already excluded under existing law 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 asserts these measures will "protect the meaning and value of American citizenship."

However, critics argue the orders are largely symbolic and ineffective, 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 intending birth tourism and has prosecuted such schemes, including under the Biden administration.

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

Sources

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