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 the Trump administration 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 existing diplomatic immunity rules that already exclude such children from citizenship.

The second order addresses "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. However, the U.S. already possesses visa denial powers and has prosecuted birth tourism operators, 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 combine unconstitutional provisions with what amounts to political theater and will have little practical 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.

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

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