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 the Supreme Court's recent decision in Trump v. Barbara, which upheld birthright citizenship and struck down broader attempts to restrict it.

The first executive order identifies specific groups whose children would be ineligible 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—groups traditionally not subject to U.S. jurisdiction.

The second order addresses "birth tourism," where individuals travel to the U.S. to give birth and secure citizenship for their child. This order delegates authority to the Secretary of State and Secretary of Homeland Security to halt birth tourism practices. However, the U.S. government already possesses visa denial powers and has prosecuted birth tourism schemes, including under the Biden 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 symbolic gestures unlikely to have significant legal effect. The Framers of the Fourteenth Amendment extended citizenship to "every free-born person in this land," a principle reaffirmed by the Supreme Court.

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

Sources