On Thursday, August 7th, 2026, President Donald Trump signed two executive orders intended to narrowly restrict birthright citizenship in the United States. These actions follow a recent Supreme Court ruling in Trump v. Barbara that upheld birthright citizenship, 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" by the government, "foreign government employees," or those who have "engaged in a commercial transaction" to obtain 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 persons with international-organization immunity and ambassadors, though such children traditionally do not receive birthright citizenship as their parents are not "subject to the jurisdiction" of the United States.

The second order addresses "birth tourism," where some women travel to the U.S. solely to give birth on American soil. This order delegates presidential authority to the Secretary of State and Secretary of Homeland Security to halt this practice. 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 schemes, including during the Biden administration.

The White House claims these measures will "protect the meaning and value of American citizenship." However, critics argue that the orders combine unconstitutional provisions with performative elements and will have little practical effect.

Sources

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

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