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 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. It excludes 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 or territorial waters where citizenship is not conferred by federal statute. The order further mentions children of persons employed by international organizations with immunity and ambassadors, despite diplomatic immunity already excluding such children from citizenship as they are not "subject to the jurisdiction" of the United States.

The second order addresses "birth tourism," where some women travel to the U.S. solely to give birth on American soil. This order delegates presidential authority to the Secretary of State and Secretary of Homeland Security to halt birth tourism practices. The U.S. government already possesses the power to deny visas to applicants suspected of intending to give birth in the country and has prosecuted operators of birth tourism schemes, including during President Joe Biden's administration.

The White House claims these measures will "protect the meaning and value of American citizenship." However, critics argue that the orders combine unconstitutional provisions with symbolic gestures, limiting their practical impact.

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

Sources

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