On Thursday, August 7th, 2026, President Donald Trump signed two executive orders that seek to narrowly limit birthright citizenship in the United States. These actions follow a recent Supreme Court ruling in Trump v. Barbara, which upheld birthright citizenship and struck down broader attempts to curtail it.

The first executive order identifies specific categories of parents whose children would not be eligible for citizenship at birth. This includes parents deemed "alien enemies" by the government, foreign government employees, or those who have engaged in commercial transactions to secure birthright citizenship for their child. 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, though such children typically do not receive birthright citizenship due to diplomatic immunity.

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 asserts 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. The orders combine provisions that may be unconstitutional with what some describe as "performance art." The U.S. government already possesses authority to deny visas to individuals suspected of intending to give birth in the country for citizenship purposes and has prosecuted birth tourism schemes, including under the Biden administration.

The Framers of the Fourteenth Amendment extended citizenship to "every free-born person in this land," a principle upheld by the Supreme Court, complicating efforts to restrict birthright citizenship through executive action.

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

Sources

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