By the authority granted to me as President by the Constitution and the laws of the United States, this order is issued:
Section 1. Purpose. The privilege of U.S. citizenship is an invaluable gift. Since my inauguration, my Administration has been committed to protecting American citizens from foreign actors who exploit the nation’s generosity.
On June 30, 2026, the Supreme Court’s decision in Trump v. Barbara, 609 U.S. ___, 146 S. Ct. 2438, 2449 (2026), affirmed that the Citizenship Clause of the Fourteenth Amendment extends citizenship to children born to parents in the U.S. “for whom no extraterritorial fiction applie[s].” This order outlines actions concerning children of aliens who do not qualify for birthright citizenship under the Supreme Court’s decision.
Sec. 2. Policy. It is U.S. policy that no executive department or agency will issue or accept documents recognizing U.S. citizenship for individuals whose parents are not citizens and meet any of the following criteria:
(a) Either parent is an alien enemy, including members of a designated Foreign Terrorist Organization under 8 U.S.C. 1189 or Specially Designated Global Terrorist, as per the International Emergency Economic Powers Act, 50 U.S.C. 1701 et seq., and Executive Order 13224 from September 23, 2001, as amended.
(b) Either parent is a foreign government employee, including:
(i) Ambassadors;
(ii) Nationals of a foreign country employed by its embassy or consulate;
(iii) Individuals in an official capacity for a foreign government;
(iv) Employees of an international organization with immunity.
(c) Either parent engaged in a transaction to obtain birthright citizenship or used fraudulent means to acquire it, such as:
(i) Arranging for the person’s mother to be in the U.S. or its territories to give birth;
(ii) Using a surrogate in the U.S. or its territories for childbirth.
(d) The person is born in a U.S. territory or waters where citizenship is not federally granted.
Sec. 3. Enforcement. (a) The Secretary of State, Attorney General, Secretary of Homeland Security, and Commissioner of Social Security must ensure their department’s policies align with this order, and that no personnel act contrary to it.
(b) All executive departments and agencies are to provide public guidance within 30 days from the order’s issuance concerning its implementation.
Sec. 4. Severability. If any part of this order is declared invalid, the remaining provisions shall continue to be effective.
Sec. 5. General Provisions. (a) This order does not affect:
(i) Legal authority granted to an executive department or its head;
(ii) The Director of the Office of Management and Budget’s responsibilities regarding budgetary, administrative, or legislative proposals.
(b) This order will be executed in accordance with applicable law and contingent on available funding.
(c) The order does not create any enforceable rights or benefits against the U.S., its entities, officers, employees, or any other person.
(d) The Department of Justice will cover publication costs for this order.
DONALD J. TRUMP
THE WHITE HOUSE,
August 6, 2026.
