WireAugust 7, 2026 at 2:01 AM
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President Trump signed two new executive orders Thursday aimed at restricting birthright citizenship, a move that quickly reignites constitutional debate over the 14th Amendment. The orders direct federal agencies to deny citizenship documentation to children born on U.S. soil unless at least one parent is a citizen or lawful permanent resident.
The action follows a Supreme Court decision this past June that struck down a broader, earlier executive order seeking to end the practice entirely. Legal scholars anticipate immediate injunctions from lower courts. The White House argues the phrase "subject to the jurisdiction thereof" in the 14th Amendment excludes individuals whose presence violates federal immigration statute, a reading long rejected by judicial precedent but gaining traction among economic nationalists and immigration hawks.
"This is about restoring the original meaning of our Constitution and ensuring that American citizenship is not a global commodity," a senior administration official told reporters on condition of anonymity.
The policy carries significant fiscal and labor-market implications. The federal government spent an estimated $5.4 billion in 2023 on Medicaid, SNAP, and education grants for households headed by illegal aliens with U.S.-born children, according to data cited by the Treasury watchdog. Supporters argue eliminating birthright citizenship removes a primary magnet for illegal immigration, easing pressure on domestic low-wage workers. The Center for Immigration Studies, which advocates for reduced immigration, projects the change would lower welfare outlays by $2.4 billion annually within five years. Corporate lobbying groups, particularly those in hospitality and agriculture, have already signaled opposition, citing reliance on foreign-born labor to suppress payroll costs.
The Department of Justice is expected to file an emergency application with the Supreme Court once lower courts issue a stay. The litigation timeline guarantees the issue remains central to the administration's domestic agenda ahead of the midterm elections.