Executive Order
6 August 2026
By virtue of the authority vested in me as President by the Constitution and laws of the United States of America, I do hereby order the following:
Article 1. Purpose
The privilege of United States citizenship continues to be a priceless and profound gift.
Since the first day of my term, my administration has protected the country from the dangers posed by malicious foreign actors who attempt to defraud American citizens by exploiting our Nation's generosity.
On June 30, 2026, the Supreme Court ruled on the case 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 "to whom no extraterritorial legal exception applies."
This decree identifies, without the list being exhaustive, certain categories of children of foreigners who do not fall under the rule of citizenship by birth, as formulated by the Supreme Court, and determines the relevant measures to be taken.
Article 2. Policy
It is the policy of the United States that no executive department or federal agency shall issue documents recognizing U.S. citizenship, nor shall it accept documents issued by state, local, or other governmental authorities that purport to recognize the U.S. citizenship of a person, when neither of the person's parents is a U.S. citizen and any of the following apply:
(a)
One of the person's parents is foreign enemy, a concept that includes any member of an organization that has been designated as a Foreign Terrorist Organization in accordance with the 8 U.S.C. 1189, or as a Specially Designated Global Terrorist, according to the International Emergency Economic Powers Act, 50 U.S.C. 1701 and later, as well as Executive Order 13224 of September 23, 2001, regarding the freezing of assets and the prohibition of transactions with persons who commit, threaten to commit, or support terrorist acts, as amended.
(Β)
One of the person's parents is an employee of a foreign government, including:
(i) ambassadors,
(ii) persons working in a foreign embassy or consulate and who are nationals of that foreign country,
(iii) persons working for a foreign government in an official capacity,
and
(iv) persons working in an international organization and enjoying the immunity of an international organization.
(c)
One of the person's parents engaged in a commercial transaction for the purpose of purchasing or securing access to U.S. citizenship by birth for the person, or engaged in fraudulent activity for the purpose of obtaining citizenship, including:
(i) in which the person's parent or parents engage in a commercial transaction to ensure that the person's mother will be in the United States or a United States territory to give birth,
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(ii) in which the parent or parents engage in a commercial transaction with a surrogate mother located in the United States or a United States territory, in order for her to give birth.
(d)
The person is born on the territory or territorial waters of the United States where U.S. citizenship is not conferred under federal law.
Article 3. Implementation
(a)
The Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Commissioner of the Social Security Administration shall take all appropriate measures to ensure that the regulations and policies of their respective departments and agencies are consistent with this decree.
It should also be ensured that no official, employee or representative of the respective ministries or services acts or fails to act in a manner that is contrary to this decree.
(Β)
The heads of all executive ministries and federal agencies will issue public guidelines within 30 days from the date of this decree regarding its application to their functions and activities.
Article 4. Separation clause
If any provision of this decree, or the application of any provision to a specific person or circumstance, is held invalid, the remaining provisions of the decree, as well as their application to other persons or circumstances, shall not be affected.
Article 5. General Provisions
(a)
Nothing in this decree shall be construed as limiting or otherwise affecting:
(i) the power conferred by law on any executive ministry or agency or its head,
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(ii) the responsibilities of the Director of the Office of Management and Budget regarding proposals concerning the budget, administration or legislation.
(Β)
This decree will be implemented in accordance with current legislation and subject to the availability of the necessary appropriations.
(c)
This order is not intended to create and does not create any substantive or procedural right or benefit enforceable in court or at law by any party against the United States, its departments, agencies, or agencies, their officers, employees, or agents, or any other person.
(d)
The costs of publishing this decree will be borne by the Ministry of Justice.
DONALD J.TRUMP
THE WHITE HOUSE
6 August 2026
