On Thursday, August 7th, 2026, President Donald Trump signed two executive orders intended to narrowly restrict birthright citizenship in the United States. These actions follow a recent Supreme Court ruling in Trump v. Barbara that upheld birthright citizenship, striking 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. 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 granted by federal statute, as well as children of persons employed by international organizations with immunity and ambassadors—groups already generally excluded due to diplomatic immunity.

The second order addresses "birth tourism," where some women travel to the U.S. specifically 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 this practice. However, the U.S. government already possesses the power to deny visas to those suspected of intending to give birth in the country for citizenship purposes and has prosecuted birth tourism operations, including under 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, rendering them largely ineffective.

The Framers of the Fourteenth Amendment extended citizenship to "every free-born person in this land," a principle reaffirmed by the Supreme Court. Given this constitutional foundation, the new executive orders face significant legal and practical challenges.

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

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