President Donald Trump signed two executive orders on Thursday, August 7th, 2026, aiming to narrowly restrict 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, 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" by the government, foreign government employees, or those who have engaged in commercial transactions to obtain citizenship for their child. 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 these groups traditionally not receiving birthright citizenship due to diplomatic immunity.
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 possesses visa denial powers 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 the orders combine unconstitutional provisions with symbolic gestures, limiting their practical effect.
The Framers of the Fourteenth Amendment extended birthright citizenship to "every free-born person in this land," a promise reaffirmed by the Supreme Court.
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