On Thursday, August 7th, 2026, President Donald Trump signed two executive orders intended to narrowly restrict birthright citizenship in the United States. These actions come just over a month after the Supreme Court upheld birthright citizenship in the case Trump v. Barbara, striking down a broader attempt by Trump to limit the constitutional guarantee.

The first executive order identifies specific groups whose children would not be eligible for citizenship at birth. These groups include parents deemed "alien enemies" by the government, foreign government employees, and those who have engaged in commercial transactions to obtain citizenship for their children. It also excludes children born in U.S. territories or territorial waters where citizenship is not granted by federal statute. The order further mentions children of persons employed by international organizations with immunity and ambassadors, despite the fact that children of diplomats with full immunity already do not receive birthright citizenship as they are not "subject to the jurisdiction" of the United States.

The second order focuses on "birth tourism," where individuals travel to the U.S. specifically to give birth and secure citizenship for their child. This order delegates 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 operations, including during the Biden administration.

The White House claims these measures will "protect the meaning and value of American citizenship." However, critics argue the orders combine unconstitutional provisions with what they describe as performance art, suggesting the orders will have little practical effect.

The Framers of the Fourteenth Amendment extended citizenship to "every free-born person in this land," a principle reaffirmed by the Supreme Court recently.

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