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 decision 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 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 secure birthright citizenship. 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—groups already generally excluded due to lack of U.S. jurisdiction.

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 unlikely to have practical effect, combining unconstitutional provisions with what has been described as "performance art." The U.S. government already possesses authority to deny visas to those suspected of intending birth tourism and has prosecuted related schemes, including under the Biden administration.

These executive orders come about a month after the Supreme Court struck down a broader attempt by the Trump administration to suppress birthright citizenship.

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

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