On Thursday, August 7th, 2026, President Donald Trump signed two executive orders aimed at narrowly restricting 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 the policy.

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, though such children typically do not receive birthright citizenship as their parents are 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 has visa denial powers for suspected birth tourism and has prosecuted operators of 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," critics argue the orders largely amount to "performance art" with unconstitutional provisions and limited practical impact. The Framers of the Fourteenth Amendment extended birthright citizenship to "every free-born person in this land," a principle reaffirmed by the Supreme Court.

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

Sources