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, striking 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 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 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. The U.S. government already has visa denial powers and has prosecuted birth tourism schemes, including during 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 largely 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 promise reaffirmed by the Supreme Court's recent ruling.

Sources