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Trump is searching for the Supreme Court’s breaking point on birthright citizenship

Much of Trump’s new executive order appears designed to troll judges by forcing them to side with groups like “alien enemies.”

Last week, President Donald Trump issued a new executive order that purports to strip citizenship from some Americans.

This isn’t our first time here: Last year, Trump issued an executive order that attempted to strip citizenship from many Americans born in this country. Months later, in response to a lawsuit brought over Trump’s order, the Supreme Court reaffirmed that everyone born in the United States who is subject to US law is a citizen. The Court’s decision in Trump v. Barbara (2026) was hardly a surprise, as the Court first ruled that everyone born in the US and subject to its laws are citizens in United States v. Wong Kim Ark (1898).

Get the latest developments on the US Supreme Court from senior correspondent Ian Millhiser.

Still, the Barbara decision did invalidate an executive order from Trump. And that made him very angry. The new order appears to be a response to that 2025 Supreme Court decision, though it is much narrower than his original one.

In this sense, Trump appears to be experimenting with where the line is for the justices when it comes to birthright citizenship. When Trump’s first order came before the Court in Barbara, there was more than a century of precedent establishing that the order was unconstitutional. Nevertheless, four justices voted to overrule at least some of that precedent.

Now, with the new order, Trump is testing whether a smaller bite at the apple is enough to win over one of the justices who voted with the majority in Barbara — two of whom are Republicans. If he manages to hold onto the four dissenters in Barbara and pick up just one more justice’s vote, his new order will stand. It’s a plausible outcome, and one that could potentially foreshadow future efforts to chip away at birthright citizenship.

What does the order actually do?

Trump’s first citizenship order, the one struck down in Barbara, attempted to strip citizenship from many Americans whose mothers were either undocumented or legally-but-temporarily present in the United States when they were born. Had this order been in effect at their birth, it would have stripped citizenship from many prominent Americans, including former Vice President Kamala Harris.

The new order, entitled “Continuing to Protect the Meaning and Value of American Citizenship” is much narrower; indeed, it’s unclear some of the categories of people it hopes to denaturalize actually exist. The new order, for example, purports to strip citizenship from children of two non-citizen parents when either parent belongs to a “designated Foreign Terrorist Organization.”

So, in the unlikely event that, say, a member........

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