Trump signs orders narrowing birthright citizenship eligibility
On Thursday, US President Donald Trump signed two executive orders aimed at narrowing the pool of individuals eligible for birthright citizenship, a new attempt after the Supreme Court struck down a previous order. When a president tries for the third time to rewrite rules enshrined in the Constitution for more than a century and a half, and courts keep pushing back, the country faces a fundamental question: what does it mean to be an American? The 14th Amendment, adopted after the Civil War, was designed to guarantee equality and protection for all born on American soil.
But today it has become a battleground in the immigration war, where each new order tests not only the law but also the very foundations of national identity. And while the White House searches for loopholes and courts remind of the letter of the Constitution, millions of families — both already born and future — remain in limbo.
One of the orders targets "birth tourism," defined as the entry of foreigners into the United States on non immigrant visas for the purpose of giving birth in the US, or any efforts by foreigners to facilitate such entry, according to the White House. Another order expands the definition of persons not entitled to birthright citizenship to include children of foreign government employees, children of members of designated foreign terrorist organisations, and children of persons engaged in fraudulent activities to obtain citizenship.
The 14th Amendment to the US Constitution, ratified in 1868, states that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." On 20 January 2025 — the day of his second term inauguration — Trump signed an executive order on birthright citizenship. The order stated that children born to persons unlawfully or temporarily in the United States are not "subject to the jurisdiction" of the United States and therefore are not entitled to citizenship under the 14th Amendment or the Immigration and Nationality Act.
Several parents filed lawsuits, some on their own behalf and others on behalf of their children. Several lower courts ruled in favour of the plaintiffs, and the order never took effect. On 30 June, the Supreme Court — by a 6 3 vote — struck down Trump's order denying birthright citizenship to children of undocumented immigrants or temporary residents, thereby reaffirming birthright citizenship. The 14th Amendment was adopted in 1868 as part of post Civil War Reconstruction to guarantee citizenship to former slaves and their descendants. Since then, it has served as the legal foundation for automatic birthright citizenship on US soil, except for children of foreign diplomats.
Trump had sought to restrict this right since his first term, calling it a "magnet for illegal immigration." However, the Supreme Court, even with its conservative majority, confirmed in June 2026 that the constitutional right to birthright citizenship cannot be undone by executive order. The current two orders, though framed as new initiatives, are essentially an end run after the court defeat. The administration hopes that narrower wording — such as targeting "birth tourism" — could withstand judicial scrutiny, but experts doubt success, pointing out that any restriction on the 14th Amendment would require a constitutional amendment, not a presidential order.
As CCTV+ reports, the battle over birthright citizenship in the US is far from over, and each new order only deepens societal divisions, calling into question not only legal norms but also the very identity of a country built on immigration.
