Archive · 12 Aug 2026
Trump's New Birthright Citizenship Orders Face Legal Challenge
Most babies born in the United States become American citizens automatically.
That rule is called birthright citizenship.
President Trump tried to end it with a big new order, but the Supreme Court, America's highest court, said no.
Now Trump has signed smaller new orders to limit the rule.
These orders affect children of some foreign diplomats and people who come to the US just to have a baby, called 'birth tourism.'
A group called the ACLU and other immigrant rights groups say this is not allowed.
They asked a judge to stop the orders and called them illegal and cruel.
They say the President cannot take away a right that the Constitution gives to children.
The White House says it is following the court's rules.
A judge will decide what happens next.
President Trump signed new executive orders on August 6 that impose narrower restrictions on birthright citizenship.
The orders target children of certain foreign diplomats, 'birth tourism' entrants, parents who commit fraud to obtain citizenship, and people classified as 'alien enemies.'
The ACLU and other immigrant rights groups asked a federal judge in Concord, New Hampshire, to block the orders, calling them 'illegal and cruel.'
The challenge follows the Supreme Court's June 30 ruling that rejected Trump's earlier, broader birthright citizenship order as a violation of the 14th Amendment.
The White House said the administration has always followed court orders and that its actions are consistent with the Supreme Court's rulings.
- Who
- President Donald Trump signed the orders; the American Civil Liberties Union (ACLU) and other immigrant rights groups are challenging them; the White House defended the administration's actions.
- What
- New executive orders narrowing birthright citizenship, targeting children of certain foreign diplomats, 'birth tourism' entrants, parents who commit fraud to obtain citizenship, and people classified as 'alien enemies.'
- When
- The latest orders were signed on August 6, following the Supreme Court's June 30 ruling against Trump's earlier order; the ACLU filed its court challenge on Tuesday.
- Where
- United States; the legal filing was made in federal court in Concord, New Hampshire.
- Why
- Trump wants to limit birthright citizenship as part of his immigration crackdown, while challengers say the orders illegally try to get around the Supreme Court and strip a constitutional right.
ACLU and immigrant rights groups
Trump administration
Legality of the new orders
ACLU and immigrant rights groups
The new orders are an attempt to get around the Supreme Court's June 30 decision and violate the 14th Amendment.
Trump administration
The White House says the administration has always followed court orders and its actions are consistent with the Supreme Court's holdings and analysis.
Executive power over citizenship
ACLU and immigrant rights groups
The president cannot use executive orders or similarly flawed assertions of power to strip away class members' citizenship, which is a constitutional right.
Trump administration
The president claims the power to identify categories of children whose citizenship he intends to deny.
Birth tourism
ACLU and immigrant rights groups
The attacks on children's citizenship are 'illegal and cruel' and must end.
Trump administration
Trump called birth tourism 'a disgrace,' saying people are 'buying their way in' and 'we're not going to let it happen.'
- Subject
- Birthright citizenship restrictions
- Action
- New executive orders signed by President Trump on August 6
- Targets
- Children of certain foreign diplomats; birth tourism entrants; parents committing fraud; 'alien enemies'
- Prior ruling
- Supreme Court rejected Trump's broader first order on June 30 as a violation of the 14th Amendment
- Challengers
- American Civil Liberties Union (ACLU) and other immigrant rights groups
- Court
- Federal court in Concord, New Hampshire
- Birth tourism estimate
- 20,000-26,000 mothers per year (Centre for Immigration Studies, 2020 estimate)
- US births in 2025
- About 3.61 million
