On Thursday, August 7th, 2026, President Donald Trump signed two executive orders aimed at narrowly restricting 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 limit 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," "foreign government employees," or those who have "engaged in a commercial transaction" to secure birthright citizenship. 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. However, critics note that children of diplomats with full immunity already do not receive birthright citizenship because they are not "subject to the jurisdiction" of the United States.

The second order addresses "birth tourism," where some women travel to the U.S. to give birth solely to obtain citizenship for their child. This order delegates authority to the Secretary of State and Secretary of Homeland Security to halt birth tourism. The U.S. government already has visa denial powers and has prosecuted birth tourism operations, including under President Joe Biden's administration.

Despite the White House's claim that these measures will "protect the meaning and value of American citizenship," analysts argue the orders combine unconstitutional provisions with what amounts to performance art and will have little practical effect. The Framers of the Fourteenth Amendment extended birthright citizenship to "every free-born person in this land," a principle upheld by the Supreme Court.

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

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