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 Supreme Court ruling in Trump v. Barbara that upheld birthright citizenship, 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 a commercial transaction" to obtain birthright citizenship. 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, despite existing diplomatic immunity rules that already exclude such children from birthright citizenship.

The second order, described by the White House as delegating presidential authority to the Secretary of State and Secretary of Homeland Security, directs these officials to halt the practice of "birth tourism," where some women travel to the U.S. solely to give birth. However, the U.S. government already possesses the authority to deny visas for this purpose and has prosecuted birth tourism operations, including under 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 they call "performance art," suggesting the orders will have little practical effect.

The Framers of the Fourteenth Amendment extended birthright citizenship to "every free-born person in this land," a principle reaffirmed by the Supreme Court in recent rulings.

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

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