Groups Seek to Block Trump’s New Executive Orders on Birth Tourism, Birthright Citizenship

The motion against the two new orders was filed in the same New Hampshire court that invalidated the president’s first executive order.

Demonstrators supporting birthright citizenship outside the Supreme Court in Washington on April 1, 2026. Stacy Robinson/The Epoch Times

The American Civil Liberties Union (ACLU) and other groups asked a federal judge on Aug. 11 to prevent President Donald Trump from enforcing his two new executive orders limiting birthright citizenship.

The groups argue that the president is defying the Supreme Court’s June 30 ruling in Trump v. Barbara and creating new exceptions to the Citizenship Clause in the 14th Amendment to the U.S. Constitution. That clause establishes that all persons born or naturalized in the United States, and subject to its jurisdiction, are citizens of the United States.

The new motion in Barbara v. Trump was filed with the U.S. District Court in New Hampshire—the same court that in July 2025 blocked Trump’s original Executive Order 14160. That earlier order sought to deny automatic citizenship to children of illegal immigrants and legal temporary visitors.

U.S. District Judge Joseph Laplante issued a preliminary injunction against the order. The Supreme Court upheld that ruling on June 30, holding that the executive order violated the 14th Amendment.

In the new motion, the plaintiffs ask Laplante to clarify that the current injunction covers the two executive orders that Trump signed on Aug. 6, or in the alternative, to modify the injunction or issue a new one.

The new, as-yet unnumbered orders are narrower than Executive Order 14160. They do not attempt to deny citizenship to children of ordinary illegal immigrants or temporary visitors.

The first order, “Continuing to Protect the Meaning and Value of American Citizenship,” directs federal agencies not to recognize U.S. citizenship for any child born in the United States when neither parent is a U.S. citizen and any of the following applies: either parent is an “alien enemy” (including members of designated foreign terrorist organizations); either parent is a foreign government employee; either parent engaged in a commercial transaction to ensure the mother was present in the United States to give birth; or the child is born in a U.S. territory or territorial waters where citizenship is not conferred by federal statute.

The other order, “Ending Birth Tourism,” directs the secretaries of State and Homeland Security to deny visas, revoke travel authorization, bar entry, and remove foreign citizens engaged in birth tourism, which is the practice of traveling to the United States on a nonimmigrant visa for the purpose of giving birth so the child receives automatic U.S. citizenship.

Trump called the new orders “a big deal” and said during the signing ceremony that birthright citizenship has been made into a joke. He also said the Supreme Court decision was “very unfortunate,” adding that his administration was making adjustments.

The ACLU argues that the new executive orders are unconstitutional.

“Despite the Supreme Court’s clear direction, the President continues to claim for himself the power to ‘identify categories of children’ whose citizenship he intends to deny,” the motion said.

“This case has always been, and remains, about the President’s effort to fashion new exceptions to birthright citizenship. The Supreme Court confirmed that there are no additional exceptions beyond those recognized in United States v. Wong Kim Ark (1898), and the Fourteenth Amendment is not subject to executive (or legislative) revision.”

“President Trump’s continued resistance to that principle calls for this Court’s renewed intervention,” the motion said.

White House spokeswoman Lauren Bis said the Trump administration “has always followed court orders.”

“All actions taken by the President since the recent Supreme Court rulings are consistent with the holdings and analysis set forth by the Court,” Bis told The Epoch Times.

Tom Gantert contributed to this report.