On Thursday, August 7th, 2026, President Donald Trump signed two executive orders intended to narrowly limit birthright citizenship in the United States. These actions follow a recent 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 when either parent is deemed an "alien enemy" by the government, is a "foreign government employee," or has "engaged in a commercial transaction" to obtain 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, despite such children traditionally not receiving birthright citizenship due to their parents' diplomatic immunity.

The second order focuses on "birth tourism," where some women travel to the U.S. solely to give birth. It delegates authority to the Secretary of State and Secretary of Homeland Security to halt this practice. However, the U.S. government already possesses 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 performance art, and thus will have limited 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. As such, these executive orders face significant legal and constitutional hurdles.

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