Policy Update: 8/10/26
New Executive Orders on Birthright Citizenship
What We Need to Know
Birthright citizenship is protected by the 14th Amendment
The 14th Amendment says that people born in the United States and “subject to the jurisdiction thereof” are U.S. citizens. This has long been understood to grant citizenship to almost everyone born on U.S. soil, with very limited exceptions.
Those exceptions have historically included children of foreign diplomats and, in older case law, children of hostile occupying forces.
The Supreme Court recently rejected a broader restriction
In June 2026, the Supreme Court struck down an earlier Trump executive order that would have denied automatic citizenship to children whose parents were undocumented or temporarily present in the United States.
What is happening
President Trump signed two new executive orders trying to limit birthright citizenship and restrict what the administration calls “birth tourism.” Birthright citizenship means that most children born in the United States automatically become U.S. citizens under the 14th Amendment.
The new orders are narrower than an earlier Trump order that the Supreme Court struck down in June 2026, but they are still expected to face legal challenges.
Why it matters
Birthright citizenship is a constitutional protection. Courts have long interpreted it to apply broadly to almost everyone born in the U.S., with only limited exceptions, such as children of foreign diplomats.
These new orders could test whether a president can limit citizenship through executive action. They may also create confusion for families, hospitals, schools, benefits offices, and agencies that issue birth certificates, passports, and Social Security numbers.
What it means
Immigrant and mixed-status families may feel increased fear and uncertainty, even if their children are still protected under current law. Pregnant immigrants, visa holders, undocumented families, and families accused of “birth tourism” may face more scrutiny.
The orders could lead to delays, questioning, or confusion around a child’s citizenship documents. Community members should stay informed, avoid panic, and seek help from trusted immigration legal services if they are affected.
The major concern is whether the executive branch is attempting to limit a constitutional right without Congress or a constitutional amendment.
Sources
SCOTUSblog — Amy Howe, “Trump signs new birthright citizenship order, ballroom dispute likely headed to Supreme Court,” Aug. 7, 2026
PBS NewsHour / Associated Press, “What to know about Trump’s new attempt to limit birthright citizenship,” Aug. 8, 2026
