ACLU files lawsuit over Trump birthright citizenship executive order

In a significant legal development, the Supreme Court handed the Trump administration a notable victory by ruling that lower courts can issue nationwide injunctions only in limited instances. Following this ruling, a coalition of liberal legal groups filed a sweeping class-action lawsuit in a New Hampshire federal court challenging President Donald Trump’s January executive order that redefines who qualifies for U.S. citizenship at birth.

The lawsuit, brought by the American Civil Liberties Union (ACLU), ACLU of New Hampshire, ACLU of Maine, ACLU of Massachusetts, Legal Defense Fund, Asian Law Caucus, and Democracy Defenders Fund, accuses the administration of violating the Constitution by denying citizenship to children born on U.S. soil if their mothers are unlawfully present or temporarily in the country and their fathers are not U.S. citizens or lawful permanent residents.

While the Supreme Court’s ruling did not directly address the birthright citizenship order, the new lawsuit seeks to represent a proposed class of children born under the terms of the executive order and their parents. This legal challenge is not the first of its kind, as the same group filed a separate suit in January 2025 on behalf of advocacy organizations with members expecting children who would be denied citizenship under the order.

The recent Supreme Court ruling restricts lower courts from blocking federal policies nationwide unless it is necessary to provide full relief to the plaintiffs. This decision does not determine the legality of Trump’s birthright citizenship order but allows the order to take effect in certain parts of the country while legal challenges continue. The court has given lower courts 30 days to review their existing rulings in light of this decision.

In her majority opinion, Justice Amy Coney Barrett emphasized that federal courts do not have the equitable authority to issue universal injunctions. Justice Sonia Sotomayor, in her dissent, suggested that plaintiffs could pursue class actions as an alternative approach to challenge policies like the Citizenship Order.

The ACLU lawsuit argues that birthright citizenship is a fundamental promise of America and that the executive order threatens to create a permanent subclass of children denied legal recognition. The plaintiffs, including individuals from Honduras, Taiwan, and Brazil, are fighting to ensure that all persons born in the United States are granted citizenship under the 14th Amendment.

In response to the lawsuit, White House spokesperson Liz Huston emphasized President Trump’s commitment to implementing his America First agenda. The administration looks forward to litigating the merits of the birthright citizenship issue to secure the borders and prioritize national security.

Overall, the legal battle over birthright citizenship continues to unfold, with the Supreme Court’s recent ruling setting the stage for further challenges and debates on this contentious issue. The outcome of these legal proceedings will have far-reaching implications for individuals born in the United States and the broader concept of citizenship in the country.

—
The rewritten content has been tailored to provide a detailed overview of the legal developments surrounding the birthright citizenship issue, while ensuring the integration of key points from the original article. The new post is unique and suitable for publication on a WordPress platform.