A federal judge has been asked to clarify whether a new executive order by President Donald Trump, aimed at limiting birthright citizenship, is blocked by the Supreme Court’s previous ruling on the issue.

The American Civil Liberties Union (ACLU), acting for a class of immigrant families that it says could be affected, filed a motion in federal district court in New Hampshire on Tuesday. The request asks for a declaratory order that the second executive order conflicts with the Supreme Court’s decision from June, when Trump’s first attempt to end birthright citizenship was rejected.

Legal challenge in New Hampshire

The ACLU argues that the Supreme Court left no room for further carve-outs beyond the specific groups it identified. It is asking the court to block the new order and to state that Trump cannot reduce birthright citizenship for the class members by relying on the latest executive action or any similar measures.

The Supreme Court’s ruling, the ACLU said in its filing, reaffirmed the constitutional rule that citizenship is determined at birth by where a person is born, and that any exceptions must follow the court’s stated categories.

What the second order targets

Trump’s second birthright order, signed last week, was issued in direct response to the June decision. It seeks to deny citizenship to children born on U.S. soil in a range of situations Trump described as involving exclusions from automatic citizenship.

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Trump Orders Limits On Birthright Citizenship

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The order would apply to children described as born to an “alien enemy” or a “foreign government employee”. It would also cover children born to a parent who Trump’s order says “engaged in a commercial transaction” to obtain citizenship. A further provision would deny citizenship to children born in a territory where citizenship is not conferred by statute.

The ACLU contends that these categories are not recognised in the Constitution or in federal citizenship law.

Supreme Court decision and the scope of exceptions

In June, the Supreme Court issued a 6-3 decision addressing Trump’s first bid to narrow birthright citizenship. Writing for the majority, Chief Justice John Roberts said the determining factor for citizenship was “fixed by the place of nativity, irrespective of parentage”.

The court also confirmed four categories of children born on U.S. soil who would not automatically become citizens: children of ambassadors, children born on foreign public ships, children born to enemies occupying American territory, and members of Indian tribes.

Justice Brett Kavanaugh, concurring, said the decision treated those four exceptions as a closed set. He added that the ruling had been consistently understood in that way, leaving no basis for additional exceptions arising from later developments.

The Trump administration argues that the categories listed in the second executive order fall within acceptable exemptions, using the legal interpretation presented in the Supreme Court’s decision.

Order scheduled to begin

Trump’s executive order is scheduled to take effect on 6 September unless a court blocks it.

Join the discussion?

12 August 2026

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Won’t that require a constitutional amendment?

Can someone explain this one? At first glance it looks as if the Children of Native Americans are not US citizens - surely not the case?

A lot of money has been made with Chinese birth scams and the like....

Can Barron Trump potentially lose his birthright US citizenship?

1 hour ago, JAG said:

Can someone explain this one? At first glance it looks as if the Children of Native Americans are not US citizens - surely not the case?

At the time the 14th amendment went into force, and at the time Wong Kim Ark was decided, native American tribes were considered sovereign nations, located within the US but having separate laws and governments (which is why the US would sign treaties with them). I guess it would be akin to being from San Marino or Lesotho, where your country is entirely within the borders of another country.

With the Indian Citizenship Act of 1924, Congress declared native Americans born within the US to be citizens of the USA by birth, so that old interpretation has been overtaken by events.

24 minutes ago, Srikcir said:

Can Barron Trump potentially lose his birthright US citizenship?

His father is a US citizen, so no. And in any case, the language of these EOs is forward looking, so they couldn't take citizenship from anyone who currently has it.

2 hours ago, Tug said:

Won’t that require a constitutional amendment?

Absolutely - you can't use an Executive Order to change the constitution.

4 hours ago, JAG said:

Can someone explain this one? At first glance it looks as if the Children of Native Americans are not US citizens - surely not the case?

They weren't considered citizens for most of US history

Native Americans were granted U.S. citizenship on June 2, 1924, when President Calvin Coolidge signed the Indian Citizenship Act (also known as the Snyder Act). This landmark legislation conferred birthright citizenship to all Native Americans and Alaska Natives born within the United States.

"It would also cover children born to a parent who Trump’s order says “engaged in a commercial transaction” to obtain citizenship." Melania, on a tourist visa, did some modeling for moolah... foundational to her becoming escort for Donald. As such, Baron should get the boot along with her. Clearly within Trump's guidelines (was he advised by Miller et al this would be easy way to be rid of her?

They abuse the naive American system in so many ways. Not only the Birthright Citizenship.

MASSIVE CHINESE MARRIAGE FRAUD RING TAKEN DOWN.

The Trump DOJ just charged 11 people in one of the largest marriage fraud schemes in U.S. history.

More than 1,000 sham marriages. Primarily Chinese nationals.

Paying up to $100,000 each for fake green cards.

This was a full-service criminal operation:
• Fake wedding ceremonies
• Staged photos
• Joint bank accounts
• Coached USCIS interviews
• Instant divorces after the green card arrived

They made tens of millions of dollars over a decade gaming the system. Under the last administration this ran wide open. Under this one, they’re getting indicted.

American citizenship should not be for sale.

21 hours ago, Emdog said:

They weren't considered citizens for most of US history

Native Americans were granted U.S. citizenship on June 2, 1924, when President Calvin Coolidge signed the Indian Citizenship Act (also known as the Snyder Act). This landmark legislation conferred birthright citizenship to all Native Americans and Alaska Natives born within the United States.

"It would also cover children born to a parent who Trump’s order says “engaged in a commercial transaction” to obtain citizenship." Melania, on a tourist visa, did some modeling for moolah... foundational to her becoming escort for Donald. As such, Baron should get the boot along with her. Clearly within Trump's guidelines (was he advised by Miller et al this would be easy way to be rid of her?

Melania Trump (born Melanija Knavs in Slovenia in 1970) followed a legal employment-based immigration path to U.S. permanent residency and citizenship.

She did not gain status primarily through marriage.

August 1996: Entered the U.S. on a B-1/B-2 visitor (tourist/business) visa.

• October 1996 onward: Obtained her first H-1B temporary work visa (issued October 18, 1996, by the U.S. Embassy in Slovenia)

• 2000–March 2001: Self-petitioned for and received an EB-1 green card

• January 2005: Married Donald Trump (at Mar-a-Lago). Marriage was not the basis for her green card or later citizenship; the green card predated the marriage by about four years.

• July 2006: Naturalized as a U.S. citizen after meeting the continuous residency and other requirements (typically five years as a permanent resident).

So what rule applies, can you clarify?

How about your buddy Ilhan Omar?

Tell us, how did she qualify for an EB-1 visa? does she meet these USCIS criteria? I assume you don't think she'd be in 'outstanding professor or researcher' nor 'multinational manager'. So really, how did she get it?

https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1

"

Extraordinary Ability

You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.

You must meet at least 3 of the 10 criteria* below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal) as well as evidence showing that you will be continuing to work in the area of your expertise. No offer of employment or labor certification is required.

Now would be a good time to ask a US court to take away Trump's Birthweight citizenship...

"No fatties"

On 8/12/2026 at 6:52 PM, FinChin67 said:

They abuse the naive American system in so many ways. Not only the Birthright Citizenship.

MASSIVE CHINESE MARRIAGE FRAUD RING TAKEN DOWN.

The Trump DOJ just charged 11 people in one of the largest marriage fraud schemes in U.S. history.

More than 1,000 sham marriages. Primarily Chinese nationals.

Paying up to $100,000 each for fake green cards.

This was a full-service criminal operation:
• Fake wedding ceremonies
• Staged photos
• Joint bank accounts
• Coached USCIS interviews
• Instant divorces after the green card arrived

They made tens of millions of dollars over a decade gaming the system. Under the last administration this ran wide open. Under this one, they’re getting indicted.

American citizenship should not be for sale.

Your post is full of nontruths. I will not go into all of the multiple levels of misinformation, but you clearly don't understand how one applies for and keeps a green card based on marriage. My first marriage was to an Ethiopian man that I met while living and working in Ethiopia. In your post, you said, there were: fake wedding photos, fake ceremonies, staged photos, coached USCIS interviews and instant divorces after the green card.

First of all, it is a rigorous process to get a green card for a spouse. It involves multiple interviews, including affidavits from family and friends, actually legal marriage certificates, medical checks, multiple visits to the embassy for extra documentation and then a waiting period. It does not end when the spouse gets a green card. Immigration can come to your residence at any time to make sure that the marriage is a real relationship and at two years you and your spouce must return to the embassy or immigration together with more documentation and interviews in order for your spouse to keep their green card and the right to remain in the country legally. I know this because my relationship didn't last two years (actually found out he was already married to another women in Ethiopia) and he tried to take another woman to the interview and lost his green card. And had we stayed married, it still does not mean that the spouse is automatically gets citizenship. That takes at least three years, more paperwork and even more proof of a real relationship.

If you are going to post a bunch conspiracy nonsense, at least make sure you have some actual facts about the information you post.

On 8/13/2026 at 9:30 AM, SiSePuede419 said:

Now would be a good time to ask a US court to take away Trump's Birthweight citizenship...

"No fatties"

This contributes nothing. Zero substance, zero wit. Just a half-assed fat joke that doesn’t even land.

Is there anything even remotely intelligent in you about birthright citizenship tourism, fraud, or abuse?

Or is this the entire extent of your contribution?

I should have not wasted my time on this reply but will put a note for myself to ignore these in future.

3 minutes ago, Issan girl said:

Your post is full of nontruths. I will not go into all of the multiple levels of misinformation, but you clearly don't understand how one applies for and keeps a green card based on marriage. My first marriage was to an Ethiopian man that I met while living and working in Ethiopia. In your post, you said, there were: fake wedding photos, fake ceremonies, staged photos, coached USCIS interviews and instant divorces after the green card.

First of all, it is a rigorous process to get a green card for a spouse. It involves multiple interviews, including affidavits from family and friends, actually legal marriage certificates, medical checks, multiple visits to the embassy for extra documentation and then a waiting period. It does not end when the spouse gets a green card. Immigration can come to your residence at any time to make sure that the marriage is a real relationship and at two years you and your spouce must return to the embassy or immigration together with more documentation and interviews in order for your spouse to keep their green card and the right to remain in the country legally. I know this because my relationship didn't last two years (actually found out he was already married to another women in Ethiopia) and he tried to take another woman to the interview and lost his green card. And had we stayed married, it still does not mean that the spouse is automatically gets citizenship. That takes at least three years, more paperwork and even more proof of a real relationship.

If you are going to post a bunch conspiracy nonsense, at least make sure you have some actual facts about the information you post.

Your entire post is just one entitled person’s self-serving lecture and personal anecdote. It doesn’t erase the public record.

Ilhan Omar arrived as a Somali refugee in 1995, naturalized in 2000, then spent years in a marital mess.

That included a religious-only union with one man, a legal marriage to another (Ahmed Elmi) while still entangled with the first, overlapping tax filings, delayed divorces, and persistent allegations from her own community that the Elmi marriage was a sham for immigration purposes.

Those claims have never been fully put to rest with primary documents, and federal agencies have continued to sit on related records.

None of your process lecture changes that she has used her seat to constantly attack the country that gave her citizenship, sanctuary, and power.

She, the somali first fraudster, has no place here.

In 2025, “birth tourism” in the U.S. was estimated at about 20,000–26,000 babies, which is less than 1% of the roughly 3.5 million total births that year. In other words, only a tiny fraction of U.S. births were linked to foreign nationals traveling specifically to give birth for citizenship purposes.

Another big fat nothing burger for the right wing to get excited about.

14 minutes ago, FinChin67 said:

This contributes nothing. Zero substance, zero wit. Just a half-assed fat joke that doesn’t even land.

Is there anything even remotely intelligent in you about birthright citizenship tourism, fraud, or abuse?

Or is this the entire extent of your contribution?

I should have not wasted my time on this reply but will put a note for myself to ignore these in future.

Birthright citizenship tourism.

Yeah, that's the biggest concern in my life.

I can see why you think you're a Very Serious Person for bringing this to our attention.

Immigrants having children in America is a big problem.

Sure, sure. Right 👍

Do you wear a bandage on your ear, too? 😀

8 minutes ago, MIke B Bad said:

In 2025, “birth tourism” in the U.S. was estimated at about 20,000–26,000 babies, which is less than 1% of the roughly 3.5 million total births that year. In other words, only a tiny fraction of U.S. births were linked to foreign nationals traveling specifically to give birth for citizenship purposes.

Another big fat nothing burger for the right wing to get excited about.

Less than 1%” is the classic nothing-burger deflection.

Twenty-thousand deliberate, planned citizenships a year is still twenty-thousand American passports handed out to people who never intended to join the country.

Just to extract the most valuable document on earth and the future chain-migration benefits that come with it.

An entire black-market industry of maternity hotels, cash-heavy packages, and visa fraud exists specifically for this.

Calling it “tiny” doesn’t make the principle any less corrupt or the organized exploitation any less real.

Of course the left likes anything illegal. That’s why they call this a “nothing burger” while common-sense people see an organized citizenship scam.

Just now, FinChin67 said:

Less than 1%” is the classic nothing-burger deflection.

Twenty-thousand deliberate, planned citizenships a year is still twenty-thousand American passports handed out to people who never intended to join the country.

Just to extract the most valuable document on earth and the future chain-migration benefits that come with it.

An entire black-market industry of maternity hotels, cash-heavy packages, and visa fraud exists specifically for this.

Calling it “tiny” doesn’t make the principle any less corrupt or the organized exploitation any less real.

Of course the left likes anything illegal. That’s why they call this a “nothing burger” while common-sense people see an organized citizenship scam.

Like the Epstein files cover up?......A nothing burger?

4 minutes ago, SiSePuede419 said:

Birthright citizenship tourism.

Yeah, that's the biggest concern in my life.

I can see why you think you're a Very Serious Person for bringing this to our attention.

Immigrants having children in America is a big problem.

Sure, sure. Right 👍

Do you wear a bandage on your ear, too? 😀

Birth tourism isn’t “immigrants having children.”

It’s foreign nationals flying in on purpose, using maternity hotels and cash packages, to extract U.S. citizenship for the child and future benefits.

Thousands do it every year.

Calling that a joke doesn’t make the scam disappear.

Im afraid you can only deliver weak empty sarcasm, no arguments, no facts and cheap ear-bandage jab type of memes and AI slop images.

foreign nationals flying in on purpose, using maternity hotels and cash packages

Oh, you are against the Trump Gold card, which even allows spouses and unmarried adult children of cardholder to come to the US and breed, correct?

That's on purpose. Let me guess, it's okay if your purpose is approved and personally benefits Dear Leadee?

Oh, you are so serious. 👍

Wealthy foreigners consider Trump’s Gold Card visa as immigration fast lane : NPR https://share.google/j1ShuuUvNG2JrCPfq