14 Oct 2026 Trump Attacks Birthright Citizenship (Again) – Part 1
On August 6, 2026, Pres. Donald Trump signed two executive orders, seeking to limit birthright/automatic citizenship for children born in the U.S., after the U.S. Supreme Court struck down a previous Executive Order on birthright citizenship as unconstitutional.
These new executive orders deal with:
- “Ending birth tourism;” and
- “Continuing to protect the meaning and value of American citizenship.”
In a previous article, I discussed the executive order on ending birth tourism. In this article, I will discuss the executive order on continuing to protect the meaning and value of American citizenship.
Like his executive order on birth tourism, this executive order on protecting the meaning and value of American citizenship adds nothing new, but it also states that children born as a result of birth tourism will not be issued U.S. passports.
The Executive Order notes that the Supreme Court case of Trump v Barbara (which upheld birthright citizenship) also noted that there were “certain categories of children of aliens who do not fall within the rule of birthright citizenship as announced by the Supreme Court.” Those children born in the U.S. who would not be considered U.S. citizens at birth include those children where neither parent is a U.S. citizen and any of the following apply:
- Either parent is an “alien enemy,” such as a member of a designated terrorist organization. Therefore, if Mommy or Daddy were terrorists, and Mommy gave birth in the U.S., the child would not be a U.S. citizen.
- Either parent is a “foreign government employee,” including ambassadors, persons employed by a foreign government or embassy in an official capacity, or the parent is employed by an international organization that possesses international organization immunity (such as the UN). But it has always been the case that children of diplomats do not acquire U.S. citizenship if born in the U.S. Instead, the child would be considered a lawful permanent resident.
- The parent engaged in birth tourism or other fraudulent activity to obtain U.S. citizenship. (“Either parent of that person engaged in a commercial transaction to purchase or access birthright citizenship for the person, or engaged in fraudulent activity to obtain citizenship…”). This particular ground may be something new, in that this Executive Order is effectively stating that children born in the U.S. as a result of birth tourism would not be considered U.S. citizens.
As this executive order states, if any child born in the U.S. is within one of the above categories, “no executive department or agency shall issue documents recognizing United States citizenship to, or accept documents issued by state, local, or other governments or authorities purporting to recognize United States citizenship regarding…” this person. In other words, if a child is born in the U.S. and applies for a U.S. passport, but the State Department believes the child was born as a result of birth tourism, they may not be issued a U.S. passport? It looks like this Executive Order is heading back to the Supreme Court!
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