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 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 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 citizenship for their child. 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. Notably, 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. solely to give birth. This order delegates authority to the Secretary of State and Secretary of Homeland Security to halt this practice. However, the U.S. government already possesses the power to deny visas to those suspected of intending to give birth in the country and has prosecuted birth tourism operations, including under President Joe Biden's administration.

The White House claims these measures will "protect the meaning and value of American citizenship." However, critics argue the orders are mostly symbolic, combining unconstitutional provisions with what has been described as "performance art," and are unlikely to have significant legal effect.

The Framers of the Fourteenth Amendment extended citizenship to "every free-born person in this land," a principle affirmed by the Supreme Court in recent rulings.

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

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