Trump Signs New Executive Orders Narrowing Birthright Citizenship After Supreme Court Loss
President Trump signed two executive orders in the Oval Office on August 6, 2026, restarting his effort to limit birthright citizenship five weeks after the Supreme Court rejected his first attempt. The first order lists categories of U.S.-born children who would be denied automatic citizenship, including children of foreign government employees, members of designated foreign terrorist organizations, and people the administration says lobby on behalf of foreign governments. The second order directs the Secretaries of State and Homeland Security to restrict visas and entry for so-called birth tourism, in which foreign nationals travel to the U.S. specifically to give birth so their child gains citizenship.
The orders follow the Supreme Court's 6-3 ruling on June 30, 2026 in Trump v. Barbara, which struck down Trump's broader January 2025 order attempting to end birthright citizenship for children of non-citizens entirely. Trump called that ruling "a very, very unfortunate decision" and described Thursday's orders as adjustments made within its limits. White House Deputy Chief of Staff Stephen Miller stood alongside the president and argued the ruling actually left room for the administration to expand the categories of people excluded from automatic citizenship.
Cody Wofsy, deputy director of the ACLU's Immigrants' Rights Project, said the 14th Amendment's citizenship guarantee cannot be rewritten by executive order and predicted the new orders will meet the same fate in court as the 2025 version. The amendment has guaranteed citizenship to almost everyone born on U.S. soil since 1868, with narrow historical exceptions for children of foreign diplomats.
What supporters say:
Supporters argue the orders target narrow categories, like children of designated terrorists or foreign government employees, rather than the broad citizenship guarantee the Supreme Court already upheld, so they don't require congressional action.
Backers say closing loopholes around birth tourism protects the integrity of the citizenship system even if the practice is already technically illegal under visa fraud rules.
Some proponents see the narrower approach as evidence the administration is working within the Supreme Court's ruling rather than defying it outright.
What critics say:
Critics including the ACLU say the 14th Amendment's citizenship guarantee cannot be narrowed by executive order no matter how the excluded categories are framed, and expect courts to block it again.
Opponents note the Supreme Court already rejected the administration's reading of who is "subject to the jurisdiction" of the U.S. in Trump v. Barbara, making a repeat legal loss likely.
Democratic lawmakers argue the birth tourism order duplicates existing law, since federal rules already treat visas obtained solely to secure a child's citizenship as fraud.
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