On Thursday, August 7th, 2026, President Donald Trump signed two executive orders that seek to narrowly restrict birthright citizenship in the United States. These orders come just over a month after the Supreme Court upheld birthright citizenship in the case Trump v. Barbara, striking down a broader attempt by Trump to suppress it.

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 or territorial waters where citizenship is not granted by federal statute. The order further mentions children of persons employed by international organizations with immunity and ambassadors, though children of diplomats with full immunity already do not receive birthright citizenship as they are not subject to U.S. jurisdiction.

The second order addresses "birth tourism," where some women travel to the U.S. solely to give birth. It delegates presidential authority to the Secretary of State and Secretary of Homeland Security to halt this practice. However, the U.S. government already has visa denial powers and has prosecuted birth tourism schemes, including during the Biden administration.

The White House claims these measures will "protect the meaning and value of American citizenship." However, critics argue the orders combine unconstitutional provisions with what amounts to performance art and will not have substantial legal impact. The Framers of the Fourteenth Amendment extended birthright citizenship to "every free-born person in this land," a promise upheld by the Supreme Court.

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

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