On Thursday, August 7th, 2026, President Donald Trump signed two executive orders intended to narrowly restrict birthright citizenship in the United States. These orders 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," "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 conferred by federal statute and mentions children of persons with international-organization immunity and ambassadors—groups that traditionally do not receive birthright citizenship due to diplomatic immunity.

The second order addresses "birth tourism," delegating authority to 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."

However, critics argue that the orders are largely symbolic and ineffective, combining unconstitutional provisions with what has been described as "performance art." The U.S. government already possesses the authority to deny visas to those suspected of intending to give birth in the country for citizenship purposes and has prosecuted birth tourism operations, including during President Joe Biden's administration.

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

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