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ACLU Seeks Halt to Trump Birthright Order

ACLU Seeks Halt to Trump Birthright Order

The ACLU is asking a federal judge to block Trump’s birthright citizenship order, saying the new limits clash with a recent Supreme Court ruling.

The ACLU is asking a federal judge to block Trump birthright citizenship restrictions, setting up a new court fight over whether the president can narrow who gets automatic citizenship under the 14th Amendment. The lawsuit filed Tuesday in New Hampshire comes just days after President Donald Trump signed two executive orders aimed at carving out exceptions to birthright citizenship after the Supreme Court rejected his earlier, broader push.

The legal filing says the administration cannot enforce the new directives against children already covered by an earlier injunction. The groups want the court either to issue a fresh injunction or to clarify that the government cannot use the new orders to deny citizenship protections. Trump signed the measures on Aug. 6 at the White House and defended them as a response to what he called unfair abuse of the system. He pointed to birth tourism, saying, “They’re buying their way in, and we’re not going to let it happen,” and added, “We’re making adjustments because it’s very unfair.”

The White House says the new actions stay within the Supreme Court’s guidance and are meant to protect the integrity of the immigration system. The orders do not simply repeat the earlier policy that the court rejected on June 30. Instead, they focus on narrower categories the administration says should not automatically qualify for citizenship, including birth tourism, certain children of foreign-government workers, cases involving immigration fraud, and people classified as alien enemies.

One of the orders directs the government to deny entry to people officials determine are trying to enter the country mainly to give birth and secure citizenship for their children. Another targets additional categories of US-born children whose parents fall into circumstances identified by the administration. Trump’s effort is the latest turn in a long-running effort to narrow birthright citizenship, a debate that has become a flashpoint in the broader fight over immigration, the Constitution, and the limits of executive power.

The Supreme Court ruling that triggered this latest round of litigation centered on the Citizenship Clause of the 14th Amendment, which grants citizenship to people born or naturalized in the United States and subject to its jurisdiction. After that defeat, Trump moved quickly to pursue a narrower strategy instead of reviving the same policy in full. The ACLU argues that the president still cannot use executive orders to decide which US-born children deserve citizenship and says the Constitution does not give him that authority.

In court, the plaintiffs are seeking to stop enforcement of the new directives while the wider legal fight continues. The dispute now returns to federal court in Concord, New Hampshire, where a judge will have to decide whether the administration can proceed under the new approach or whether the earlier protections remain in place. The case matters because it could shape how far a president can go in rewriting immigration rules by executive action alone, and because it affects a core question Americans have debated for generations: who counts as a citizen at birth.

The next step will come from the court, but the broader stakes are plain — this fight could set the boundaries between presidential power and a constitutional guarantee many Americans still view as settled law.

Frequently asked questions

What is the ACLU asking the court to do?
The Aclu and other groups want a federal judge to block enforcement of Trump’s new orders or clarify that they cannot be used against children covered by an earlier injunction.
Why is the legal fight happening now?
It began after Trump signed two new executive orders on Aug. 6 that try to narrow Birthright Citizenship following a Supreme Court ruling on June 30.
What categories do the new orders target?
The orders focus on birth tourism, some children of foreign-government workers, Immigration fraud cases, and people classified as alien enemies.
What is the White House’s position?
The White House says the orders follow the Supreme Court’s guidance and are intended to protect the integrity of the Immigration system.
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