An executive order signed Aug. 6, 2026, and published Aug. 11, 2026, sets a policy for federal agencies regarding the recognition of birthright citizenship for certain children of noncitizens.
The order identifies non-exhaustively categories of children of noncitizens who do not fall within the rule of birthright citizenship as announced by the Supreme Court in a June 30, 2026, decision. Under the policy, executive departments and agencies will not issue documents recognizing U.S. citizenship to these individuals, nor will they accept state or local documents purporting to recognize their citizenship.
The policy applies to individuals whose parents are not citizens and where one parent falls into specific categories. These include an “alien enemy,” defined to include any member of a designated Foreign Terrorist Organization or Specially Designated Global Terrorist. It also includes foreign government employees, such as ambassadors, foreign embassy or consulate staff who are nationals of that country, and persons employed by an international organization that possess international-organization immunity.
Additionally, the policy applies if a parent engaged in a commercial transaction to access birthright citizenship, such as paying to ensure the mother or a surrogate is present in the U.S. or its territories to give birth. The order also covers persons born in a U.S. territory or territorial waters where citizenship is not conferred by federal statute.
The order directs the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Commissioner of Social Security to ensure their regulations and policies align with the directive. All executive department and agency heads must issue public guidance on the implementation of the order within 30 days of its signing.