On Thursday, August 7th, 2026, President Donald Trump signed two executive orders aimed at narrowly restricting birthright citizenship in the United States. These orders come just over a month after the Supreme Court upheld birthright citizenship in the case Trump v. Barbara, reaffirming the constitutional promise extended by the Framers of the Fourteenth Amendment 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 birthright citizenship. It also excludes children born in U.S. territories where citizenship is not conferred 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," 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. While birth tourism is a contentious issue, the U.S. government already possesses the power to deny visas to applicants suspected of intending to give birth in the country and has prosecuted birth tourism operations under previous administrations, including President Joe Biden's.

Despite the White House's claim that these measures will "protect the meaning and value of American citizenship," critics argue the orders are largely symbolic and combine unconstitutional provisions with what has been described as "performance art." Given the recent Supreme Court ruling, the practical impact of these orders is expected to be minimal.

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

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