On Thursday, August 7th, 2026, President Donald Trump signed two executive orders aimed at narrowly restricting birthright citizenship in the United States. These actions follow a recent Supreme Court ruling in Trump v. Barbara, which upheld birthright citizenship under the Fourteenth Amendment, affirming the promise extended to "every free-born person in this land."

The first executive order identifies specific groups whose children would be ineligible for birthright citizenship, including those with parents deemed "alien enemies" by the government, "foreign government employees," or individuals 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 conferred by federal statute, as well as children of persons employed by international organizations with immunity and ambassadors—groups traditionally not subject to U.S. jurisdiction.

The second order focuses on "birth tourism," directing the Secretary of State and Secretary of Homeland Security to halt the practice where some women travel 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 these orders are largely symbolic and unlikely to have significant legal effect, describing them as combining unconstitutional provisions with "performance art." The U.S. government already possesses authority to deny visas to applicants suspected of intending to give birth in the country and has prosecuted birth tourism schemes, including during President Joe Biden's administration.

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

Sources

  • Reason, Billy Binion, "Trump's new birthright citizenship executive orders are mostly theater," August 7, 2026, link