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Austin Sarat, William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College

After Supreme Court setback, Trump again targets immigration by expanding definition of birthright citizenship

White House Deputy Chief of Staff Stephen Miller holds an executive order on birthright citizenship as President Donald Trump speaks before signing it at the White House on Aug. 6, 2026. Jim Watson/AFP via Getty Images

Since his return to the White House, President Donald Trump has issued over 270 executive orders.

That includes two orders issued in August 2026 addressing birthright citizenship, a subject seemingly settled by the U.S. Supreme Court’s recent decision. In June, the high court struck down Trump’s effort to deny citizenship to children born to foreign parents who are unlawfully in the United States.

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