What to know about Trump's new attempt to limit birthright citizenship

The Trump administration has renewed its efforts to restrict access to birthright citizenship, issuing two new executive orders in August 2026, just weeks after the Supreme Court rejected a previous, broader attempt. The initial Executive Order 14160, signed in January 2025, aimed to deny automatic citizenship to children born in the U.S. to unauthorized immigrants or those on temporary visas. However, the Supreme Court struck down that order on June 30, 2026, reaffirming the 14th Amendment's guarantee of citizenship for most individuals born on U.S. soil.

Despite this judicial setback, President Trump signed the new directives. One order seeks to broaden the categories of people ineligible for birthright citizenship, specifically targeting children born to "alien enemies," members of foreign terrorist organizations, or foreign lobbyists. The second order focuses on combating "birth tourism," a practice where individuals travel to the United States primarily to give birth and secure U.S. citizenship for their child.

These latest executive orders are anticipated to face immediate legal challenges, as critics, including the American Civil Liberties Union, maintain that birthright citizenship is unequivocally guaranteed by the 14th Amendment and cannot be altered by presidential executive action. The administration's actions highlight an ongoing debate regarding the constitutional interpretation of who is "subject to the jurisdiction" of the United States.