ACLU Asks Court to Block Trump's New Birthright Citizenship Orders
Trump signed two new executive orders on August 6 trying to restrict birthright citizenship — just weeks after the Supreme Court struck down his first attempt. The ACLU immediately went back to federal court, calling the new orders an illegal end-run around the Constitution. The citizenship of thousands of US-born children may hang on what a New Hampshire judge decides next.
The ACLU and allied advocacy groups filed a motion in federal court on August 12, 2026, asking a judge to block two new executive orders President Trump signed on August 6. Those orders try to expand the categories of children who cannot automatically receive US citizenship at birth — a right guaranteed by the 14th Amendment to the Constitution.
Why These Orders Are Being Challenged
The Supreme Court already rejected Trump's original birthright citizenship order on June 30, 2026, ruling it violated the 14th Amendment. The ACLU argues the new August 6 orders are simply another attempt to do what the Supreme Court already said the president cannot do. The groups filed in the federal court in Concord, New Hampshire, asking the judge to clarify that the new orders do not threaten children already protected by an earlier court injunction (a court order blocking enforcement of the original executive order).
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The new orders take particular aim at so-called "birth tourism" — when people travel to the US specifically to give birth so their child receives automatic citizenship. Trump told reporters the Supreme Court's June 30 ruling was "a very unfortunate decision" and said his administration is "making adjustments." A White House spokesperson said all actions since the Supreme Court ruling are consistent with the court's holdings. Cody Wofsy, deputy director of the ACLU Immigrants' Rights Project, said in a statement: "President Trump may not like the fact that birthright citizenship is a constitutional right. That is really beside the point."
Under the 14th Amendment, nearly all children born on US soil are citizens from birth. Historical exceptions have always been narrow: children of foreign diplomats, children of occupying foreign forces, children born on foreign ships, and children of Indigenous Americans before certain legislation. Trump's orders seek to broaden those exceptions significantly — something federal courts have so far blocked.
What to Do
- If your child was born in the US and you are worried about their citizenship status, gather their US birth certificate and keep it in a safe place — that document is the primary proof of citizenship.
- If your child has a US passport, renew it before it expires; a valid US passport is the strongest proof of citizenship for travel and other purposes.
- If you are pregnant and planning to give birth in the US, speak with an immigration lawyer about how these orders and ongoing court battles may affect your child's status.
- Follow updates from the federal court in Concord, New Hampshire — the judge's ruling on the ACLU's motion will determine whether the new orders can take effect while litigation continues.
A full breakdown of this topic — in our guide “The Path to U.S. Citizenship”.
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The 14th Amendment's citizenship clause has been interpreted consistently for over a century to grant citizenship to virtually all children born on US soil, regardless of their parents' immigration status. The Supreme Court's June 30, 2026 ruling reaffirmed that the president cannot change this by executive order alone — only a constitutional amendment could do that. If you have a US-born child and are concerned about these orders, document their citizenship now with a birth certificate and US passport application, and consult an immigration attorney to understand how ongoing litigation may affect your specific situation.
Frequently Asked Questions
Is my US-born child still a citizen after Trump's August 6 orders?
Yes, for now. Federal courts have blocked Trump's earlier birthright citizenship order, and the ACLU is asking the court to confirm that the new August 6 orders also cannot be enforced against children already protected by that injunction. The Supreme Court ruled in June 2026 that the original order violated the Constitution.
What is the 14th Amendment and why does it matter here?
The 14th Amendment to the US Constitution says that nearly all people born on US soil are US citizens from birth. The Supreme Court ruled on June 30, 2026, that Trump's first executive order violated this amendment. Trump's new orders are being challenged on the same grounds.
What is 'birth tourism' and does it affect regular immigrants?
Birth tourism refers to people who travel to the US specifically to give birth so their child gets automatic citizenship. Trump's new orders target this practice. If you already live in the US — with or without legal status — and your child is born here, this is a different situation, though the broader legal fight over birthright citizenship affects all US-born children.
What happens next in court?
The ACLU filed its motion in the federal court in Concord, New Hampshire. The judge must now decide whether to clarify or expand the existing injunction to cover Trump's new August 6 orders. Until the court rules, the legal status of children protected by the earlier injunction remains unchanged.