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 follow a recent Supreme Court ruling in Trump v. Barbara, which upheld birthright citizenship and struck 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. These include 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 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. to give birth solely to 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 has visa denial powers and has prosecuted birth tourism schemes, 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 the orders combine unconstitutional provisions with symbolic gestures unlikely to have significant legal effect.

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

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