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 include children born to parents deemed "alien enemies," "foreign government employees," or those who have "engaged in a commercial transaction" 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 employed by international organizations with immunity and ambassadors. However, critics note that children of diplomats with full immunity already do not receive birthright citizenship because they are not "subject to the jurisdiction" of the United States.

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 claims these measures will "protect the meaning and value of American citizenship." However, the U.S. government already has authority to deny visas to those suspected of birth tourism and has prosecuted operators of such schemes, including during President Joe Biden's administration.

Legal analysts and commentators argue that the executive orders combine unconstitutional provisions with what they describe as "performance art," suggesting the orders will have little practical effect.

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

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