On Thursday, August 7th, 2026, President Donald Trump signed two executive orders aimed at narrowing the scope of birthright citizenship in the United States. The first order identifies specific groups whose children would not be eligible for citizenship at birth, including those whose parents are deemed "alien enemies," foreign government employees, or have engaged in commercial transactions to obtain 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 with international-organization immunity and ambassadors.

The second order focuses on "birth tourism," directing the Secretary of State and Secretary of Homeland Security to halt the practice of traveling to the U.S. solely to give birth. The White House asserts that these measures will "protect the meaning and value of American citizenship."

However, critics argue that the orders are mostly symbolic and unlikely to have significant legal effect. The orders combine provisions that may be unconstitutional with what has been described as "performance art." This follows a recent Supreme Court ruling in Trump v. Barbara, which upheld birthright citizenship under the Fourteenth Amendment, affirming the promise extended by its Framers to "every free-born person in this land."

Birth tourism is already addressed by existing visa regulations and prosecutions, including actions taken during President Joe Biden's administration. The U.S. government has the authority to deny visas to applicants suspected of intending to give birth in the country for citizenship purposes.

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

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