On Thursday, August 7th, 2026, President Donald Trump signed two executive orders aimed at narrowly restricting birthright citizenship in the United States. These actions come just over a month after the Supreme Court upheld birthright citizenship in the case Trump v. Barbara.

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," "foreign government employees," or those who have "engaged in a commercial transaction" to obtain citizenship for their child. It also excludes children born in U.S. territories where citizenship is not granted by federal statute and mentions children of persons with international-organization immunity and ambassadors. However, children of diplomats with full immunity already do not receive birthright citizenship as they are not subject to U.S. jurisdiction.

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."

Critics argue that the orders combine unconstitutional provisions with symbolic gestures and will have little practical effect. The U.S. government already possesses authority to deny visas to those suspected of intending birth tourism and has prosecuted birth tourism operations during the Biden administration.

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

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