On Thursday, August 7th, 2026, President Donald Trump signed two executive orders aimed at narrowly restricting birthright citizenship in the United States. These orders follow a recent Supreme Court decision 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."

The first executive order specifies categories of parents whose children would not be eligible for citizenship at birth. These include parents deemed "alien enemies" by the government, foreign government employees, and those who have "engaged in a commercial transaction" 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—groups already generally excluded due to diplomatic immunity.

The second order addresses "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 claims these measures will "protect the meaning and value of American citizenship."

However, critics argue the orders are largely symbolic and ineffective. Reason magazine describes them as combining "unconstitutional provisions with performance art," noting that the U.S. government already possesses the authority to deny visas to those suspected of intending birth tourism and has prosecuted such schemes under previous administrations, including President Joe Biden's.

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