Trump signed two new executive orders on Thursday. These orders were aimed at narrowing birthright citizenship. This came just a month after the Supreme Court struck down his previous attempt.
According to Fox News, “the new directives rely on existing executive and immigration authorities and are intended to narrow eligibility for automatic citizenship in certain cases while cracking down on foreigners who travel to the United States to give birth.”
Trump announced the orders in the Oval Office, with adviser Stephen Miller looking on. Miller called birth tourism “a fraud on the American system” and “a fraud against the American government.”
.@POTUS: “We had a very unfortunate decision in the Supreme Court concerning birthright [citizenship]… so we’re making adjustments.”
President Trump is signing two Executive Orders to protect the meaning and value of American citizenship after Trump v. Barbara:
— The first… pic.twitter.com/NGSNNuzM0h
— Rapid Response 47 (@RapidResponse47) August 6, 2026
Trump characterized the Supreme Court’s decision as “very unfortunate” and “a bad decision,” and that birthright citizenship has been “made a joke out of.”
The Trump administration have said that the two orders “protect the meaning and value of American citizenship after Trump v. Barbara.” It said:
The first Executive Order non-exhaustively identifies certain categories of children of aliens who are not entitled to birthright citizenship consistent with historical exceptions to birthright citizenship recognized by the Supreme Court in Barbara. The second Executive Order delegates presidential authorities to the Secretary of State and Secretary of Homeland Security and directs them to halt the practice of birth tourism.
Miller is a longtime critic of birthright citizenship. He posted on X in April that:
Birthright citizenship means the children of illegal aliens can vote to tax your children and seize their inheritance.
Backlash to new orders
Trump is back at it, attacking birthright citizenship again.
This is wrong and it is unconstitutional.
The courts must overturn this assault on our law and values.https://t.co/sCKAXpbX39
— Rep. Shontel Brown (@RepShontelBrown) August 7, 2026
Congresswoman Yassamin Ansari called out Miller’s role in going after birthright citizenship, calling him the architect behind Trump’s “racist and fascist mass deportation agenda” and for “pushing relentlessly to end birthright citizenship — which is illegal.”
Stephen Miller architected the entirety of Trump’s racist and fascist mass deportation agenda, and he’s the one pushing relentlessly to end birthright citizenship – which is illegal.
He needs to be investigated and prosecuted for the crimes he’s actively committing. https://t.co/hCbslr8nQE
— Congresswoman Yassamin Ansari (@RepYassAnsari) August 6, 2026
Trump faces new constitutional challenge
Ruben Gallego, a Democrat Senator from Arizona, also called Trump’s decision wrong. He said that birthright citizenship was one of the “most clear-cut parts of the Constitution—even our extremist Supreme Court ruled it’s not up for debate.”
Birthright citizenship is one of the most clear-cut parts of the Constitution—even our extremist Supreme Court ruled it’s not up for debate.
Donald Trumps still thinks he can decide who counts as American.
He’s wrong. https://t.co/McnvcfaEWY
— Senator Ruben Gallego (@SenRubenGallego) August 7, 2026
The BBC interviewed Gabriel Chin, a professor at the University of California, Davis’ School of Law, who said that while parts of the order might hold up, other aspects “raise some serious constitutional questions”. Chin told the BBC that Trump, as the president, does have some power to restrict people coming into the US specifically for the purposes of having a child.
American Civil Liberties Union condemned Trump’s new executive orders, with its deputy director, Cody Wofsy, saying:
The Supreme Court already decided this issue: Birthright citizenship is guaranteed by the Constitution. No additional executive order can change the meaning of the Constitution. Any executive order that tries to rewrite birthright citizenship will meet the same fate as the last one.
Trump is throwing toys out of the pram again — another day, another executive order, another round of lawsuits.
Featured image via the Canary
By The Canary
