Continuing To Protect the Meaning and Value of American Citizenship
Signed: August 6, 2026
Published: August 11, 2026
Document Number: 2026-16403
📋Summary
This executive order directs federal agencies not to issue or accept documents recognizing U.S. citizenship for certain U.S.-born children when neither parent is a U.S. citizen and specific conditions apply, based on a recent Supreme Court decision about the limits of birthright citizenship. It affects federal agencies that issue or rely on citizenship documents (such as the State Department, DHS, the Justice Department, and the Social Security Administration) and families seeking recognition of citizenship for children born in the United States or certain U.S. territories. It targets four categories: children with a parent designated as a terrorist-related “alien enemy,” children with a parent who is a foreign government or certain international-organization employee with immunity, children whose parents used paid arrangements or fraud to obtain citizenship through birth in the U.S. (including “birth tourism” or U.S.-based surrogacy arrangements), and children born in U.S. territories or territorial waters where federal law does not grant citizenship. It requires the named agencies to align their rules and practices with the order and requires all executive agencies to publish implementation guidance within 30 days.
💼Business Impact
This order most directly affects employers with large immigrant workforces, universities and research institutions hosting foreign officials, and “birth tourism”–adjacent businesses (medical providers, maternity hotels, travel agencies, concierge services, and U.S.-based surrogacy/fertility clinics) because it directs federal agencies to deny recognition of citizenship documents for certain U.S.-born children tied to foreign government employment, designated terrorist links, or commercial/fraudulent “citizenship purchase” activity. Expect tighter identity/document verification and more frequent delays or denials for passports, Social Security numbers, and I‑9/benefits onboarding for affected individuals—creating compliance risk for HR teams and service providers and opportunities for immigration/legal service firms to support documentation, appeals, and status planning. Immediate actions: (1) review hiring/onboarding workflows for handling SSN/passport delays (set contingencies, avoid discriminatory screening, document I‑9 compliance), (2) audit any marketing, referral, or contracting practices that could be construed as facilitating “birthright citizenship” transactions (especially in surrogacy, travel, and maternity services), and (3) monitor agency guidance due within 30 days and update policies/contracts, including enhanced sanctions/terrorism screening
Full Text
Executive Order 14418 of August 6, 2026
Continuing To Protect the Meaning and Value of American Citizenship
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; ( printed page 51992)
(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.
THE WHITE HOUSE,
August 6, 2026.