On Thursday, August 7th, 2026, President Donald Trump signed two executive orders intended to narrowly restrict birthright citizenship in the United States. These orders come shortly after the Supreme Court upheld birthright citizenship in the case Trump v. Barbara, striking down a broader attempt by Trump to limit it.

The first executive order identifies specific groups whose children would be excluded from birthright citizenship. It states that children will not receive citizenship at birth if either parent is deemed an "alien enemy" by the government, is a "foreign government employee," or has "engaged in a commercial transaction" to obtain 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. 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 prosecutes 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 little practical effect.

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

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