this post was submitted on 06 Aug 2026
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But if one of the parents has American citizenship, they would have the right to American citizenship through their parentage, and the executive order only purports to apply to children for whom neither parent has US citizenship.
It would need to be a pretty narrow set of circumstances, and it would still be unconstitutional if applied to a child for whom one of the two parents could have had a child with birthright citizenship.
It says EITHER PARENT on multiple occasions.
(b) either parent of that person is a foreign government employee, defined to include:
(ii) persons employed by a foreign embassy or consulate who are nationals of that foreign country;