On August 6, 2026, President Trump issued two executive orders targeting automatic birthright citizenship in the United States. These came five weeks after the Supreme Court invalidated Trump’s sweeping attempt to end birthright citizenship in Trump v. Barbara. The court ruled the Citizenship Clause of the Fourteenth Amendment extends to any child born in the U.S. with parents not protected by an “extraterritorial fiction” created by federal law.
Instead of directly rewriting the Citizenship Clause outright, these two orders take a narrower approach, targeting classes of children that the administration argues aren’t covered by the rule the Supreme Court just reaffirmed. The first order, titled “Continuing To Protect The Meaning And Value of American Citizenship”, outlines a few categories of children born in the U.S. to foreign parents deemed not entitled to birthright citizenship. This applies to children born to:
- A parent considered an “alien enemy.”
- A parent in employment by a of a foreign government.
- A parent engaged in any fraudulent activity for the purpose of gaining citizenship.
Meanwhile, the second order directs the Department of State (DOS) and the Department of Homeland Security (DHS) restrict so-called “birth tourism”. This includes denying or revoking visas or refusing entry to individuals entering the U.S. for the specific purpose of giving birth. Additionally, the same rules apply to anyone aiding the entry of birth tourists into the U.S.
What This Means Going Forward
Both orders are new and both are certain to be challenged in court, much like the January 2025 order the Supreme Court already rejected. Whether these narrower versions hold up is very much an open question, and it’s one that’s going to play out over months, not days.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.