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 just over a month after the Supreme Court upheld birthright citizenship in the case Trump v. Barbara, affirming the constitutional promise extended by the Framers of the Fourteenth Amendment to "every free-born person in this land."

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 obtain birthright citizenship. It also excludes children born in U.S. territories or territorial waters where citizenship is not conferred by federal statute. The order further mentions children of individuals employed by international organizations with immunity and ambassadors, despite existing diplomatic immunity rules already excluding such children from birthright citizenship.

The second order addresses "birth tourism," a practice where some women travel to the U.S. solely to give birth on American soil. This order delegates authority to the Secretary of State and Secretary of Homeland Security to halt birth tourism. However, the U.S. government already possesses the power to deny visas to applicants suspected of intending to give birth in the country and has prosecuted birth tourism operations, including under President Joe Biden's administration.

Despite White House claims that these measures will "protect the meaning and value of American citizenship," critics argue the orders are largely symbolic and ineffective. Reason magazine describes them as combining unconstitutional provisions with "performance art," suggesting they will not have a significant legal impact.

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