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 recent Supreme Court decision in Trump v. Barbara, which upheld birthright citizenship and struck down a broader attempt by Trump to suppress it.

The first executive order identifies specific categories of parents whose children would not be granted citizenship at birth. These include parents deemed "alien enemies" by the government, foreign government employees, or those who have "engaged in a commercial transaction" to secure birthright citizenship for their child. 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, though children of diplomats with full immunity already do not receive birthright citizenship as they are not subject to U.S. jurisdiction.

The second order addresses "birth tourism," where some women travel to the U.S. solely to give birth and obtain citizenship for their child. It 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 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 amounts to political theater and will have little practical effect.

The Framers of the Fourteenth Amendment extended citizenship to "every free-born person in this land," a principle reaffirmed by the Supreme Court. Given this constitutional foundation, the new executive orders face significant legal hurdles.

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