Executive OrderProhibits U.S. agencies from recognizing citizenship for children born to non-citizen parents under specific conditions.
This executive order establishes that U.S. agencies cannot issue citizenship documents for children born to parents who do not hold U.S. citizenship under certain circumstances. Specifically, this applies if either parent is an alien enemy, a foreign government employee, or if the parents engaged in fraudulent activities to obtain citizenship for the child. The Secretary of State, Attorney General, Secretary of Homeland Security, and Commissioner of Social Security must ensure their agencies follow this order and provide public guidance on its implementation within 30 days.
The order aims to protect the integrity of U.S. citizenship by preventing individuals born under specific conditions from claiming citizenship. This comes after a Supreme Court decision that clarified birthright citizenship, prompting the administration to tighten rules around who qualifies for citizenship documents. The order reflects ongoing concerns about foreign influence and fraudulent claims to citizenship in the U.S.
Agencies will need to act quickly to align their policies with this new directive, and the public can expect guidance on how these changes will be enforced in the coming weeks.
Official Order Textas signed · Federal Register By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
Section 1. Purpose. The privilege of United States citizenship remains a priceless and profound gift. Since my first day in office, my Administration has guarded against the risks posed by malign foreign actors who attempt to swindle American citizens by taking advantage of the generosity of our Nation.
On June 30, 2026, the Supreme Court decided in Trump v. Barbara, 609 U.S. ___, 146 S. Ct. 2438, 2449 (2026), that the Citizenship Clause of the Fourteenth Amendment to the United States Constitution extends the privilege of citizenship to children born to parents in the United States “for whom no extraterritorial fiction applie[s].” This order identifies, non-exhaustively, and prescribes action concerning certain categories of children of aliens who do not fall within the rule of birthright citizenship as announced by the Supreme Court.
Sec. 2. Policy. It is the policy of the United States that no executive department or agency shall issue documents recognizing United States citizenship to, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship regarding, persons when neither parent of that person is a citizen and any of the following applies:
(a) either parent of that person is an alien enemy, defined to include any member of a designated Foreign Terrorist Organization under 8 U.S.C. 1189 or Specially Designated Global Terrorist, consistent with the International Emergency Economic Powers Act, 50 U.S.C. 1701 et seq., and Executive Order 13224 of September 23, 2001 (Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism), as amended;
(b) either parent of that person is a foreign government employee, defined to include:
(i) ambassadors;
(ii) persons employed by a foreign embassy or consulate who are nationals of that foreign country;
(iii) persons employed by a foreign government in an official capacity; and
(iv) persons employed by an international organization that possess international-organization immunity;
(c) either parent of that person engaged in a commercial transaction to purchase or access birthright citizenship for the person, or engaged in fraudulent activity to obtain citizenship, to include:
(i) when the parent(s) of the person engage in a commercial transaction to ensure that the person’s mother is present in the United States, or a territory of the United States, to give birth; or
(ii) when the parent(s) engage in a commercial transaction with a surrogate present in the United States, or a territory of the United States, to give birth;
(d) the person is born in a territory or territorial waters of the United States where citizenship is not conferred by Federal statute.
Sec. 3. Enforcement. (a) The Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Commissioner of Social Security shall take all appropriate measures to ensure that the regulations and policies of their respective departments and agencies are consistent with this order, and that no officers, employees, or agents of their respective departments and agencies act, or forbear from acting, in any manner inconsistent with this order.
(b) The heads of all executive departments and agencies shall issue public guidance within 30 days of the date of this order regarding this order’s implementation with respect to their operations and activities.
Sec. 4. Severability. If any provision of this order, or the application of any provision to any individual or circumstance, is held to be invalid, the remainder of this order and the application of its other provisions to any other individuals or circumstances shall not be affected thereby.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The costs for publication of this order shall be borne by the Department of Justice.
DONALD J. TRUMP
THE WHITE HOUSE,
August 6, 2026.