On Thursday, August 7th, 2026, President Donald Trump signed two executive orders intended to narrowly restrict birthright citizenship in the United States. These actions follow the Supreme Court's recent decision in Trump v. Barbara, which upheld birthright citizenship and struck down a broader attempt by Trump to suppress 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 commercial transactions to secure citizenship for their child. 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, although children of diplomats with full immunity already do not receive birthright citizenship as they are not "subject to the jurisdiction" of the United States.

The second order addresses "birth tourism," where some women travel to the U.S. solely to give birth. It delegates authority to the Secretary of State and Secretary of Homeland Security to halt this practice. However, the U.S. government already has mechanisms to deny visas to those suspected of intending birth tourism and has prosecuted operators of such schemes, 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 they describe as "performance art," suggesting the orders will have little practical effect.

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

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