On Thursday, August 7th, 2026, President Donald Trump signed two executive orders aimed at narrowly restricting birthright citizenship in the United States. These actions come just over a month after the Supreme Court upheld birthright citizenship in the case Trump v. Barbara.

The first executive order identifies specific groups whose children would not be eligible for citizenship at birth. These groups include children whose parents have been designated as "alien enemies," are foreign government employees, or have engaged in commercial transactions to obtain citizenship for their child. It also excludes children born in U.S. territories or territorial waters where citizenship is not conferred by federal statute, as well as children of persons employed by international organizations with immunity and ambassadors. Notably, children of diplomats with full immunity are already excluded from birthright citizenship because their parents are not "subject to the jurisdiction" of the United States.

The second order addresses "birth tourism," a practice where some women travel to the U.S. solely to give birth on American soil. This order delegates authority to the Secretary of State and Secretary of Homeland Security to halt birth tourism. 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 the Biden administration.

The White House claims these measures will "protect the meaning and value of American citizenship." However, critics argue that the orders are largely symbolic and ineffective, combining unconstitutional provisions with what has been described as "performance art."

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

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