On August 6, 2026, President Trump issued two new executive orders attempting to restrict birthright citizenship following the U.S. Supreme Court decision in Trump, et al. v. Barbara. In Barbara, the Supreme Court struck down the Trump administration’s first attempt to restrict birthright citizenship as unconstitutional, holding that, with limited exceptions for children born to certain foreign diplomats, children born in the United States are U.S. citizens at birth, irrespective of their parents’ immigration status. The new orders issued yesterday, though more narrowly drawn, are likely to face similar legal challenges.

Executive Order Targeting Certain Categories of Children

The Executive Order, “Continuing to Protect the Meaning and Value of American Citizenship,” attempts to create categories of children not entitled to birthright citizenship based on the Trump administration’s view of historical exceptions to the doctrine. According to the administration, children falling within one of the following categories would not be citizens by birth if neither parent is a U.S. citizen and

• • Either parent is deemed an “alien enemy.” The Order expands the limited application of this exception beyond children born in occupied territories to children of parents designated as foreign terrorists or members of designed foreign terrorist organizations.
• • Either parent is a foreign government employee. The Order expands the limited exception for children born to designated foreign diplomats with diplomatic immunity to also include children of ambassadors; employees of a foreign embassy or consulate who are nationals of that country; employees of a foreign government working in an official capacity; and employees of international organizations that possess international-organization immunity.
• • Either parent is engaged in a commercial transaction to purchase or access birthright citizenship for the child, or engaged in fraudulent activity to obtain citizenship;
• • The child is born in a territory or territorial waters of the United States where citizenship is not conferred by federal statute.

The Order states that this list is non-exhaustive and it bars federal agencies from issuing or accepting documentation recognizing U.S. citizenship for these children. The Order directs agencies to issue implementing guidance within 30 days.

Executive Order Targeting “Birth Tourism”

The Executive Order, “Ending Birth Tourism,” directs federal agencies to issue policies and guidance aimed at limiting the entry of foreign nationals “for the purpose of giving birth in the United States” and targeting those facilitating such entry. The Order directs the Department of State and the Department of Homeland Security to take appropriate action to implement the Order, such as denying or revoking visas, denying individuals admission to the U.S. at the Port of Entry, removing individuals already in the U.S., and other steps needed for implementation.

We will continue to monitor how the Administration plans to implement the Orders, and the legal challenges the new orders will almost certainly face in federal court.

Please contact your Van Der Hout representative for specific legal advice.