Nathan v. Trump -- Birthright Citizenship Part II

On September 28, 2026, immigrants’ rights advocates filed a federal lawsuit challenging President Trump’s new executive order targeting birthright citizenship.

The case was brought by the American Civil Liberties Union, ACLU of New Hampshire, ACLU of Maine, ACLU of Massachusetts, ACLU of the District of Columbia, Legal Defense Fund, Asian Law Caucus, and Democracy Defenders Fund on behalf of people subjected to the new executive order.

The groups already secured a major Supreme Court victory in June in Trump v. Barbara protecting babies who would have been denied citizenship under Trump’s first failed executive order concerning birthright citizenship.

In its ruling, the Supreme Court confirmed that the Constitution’s Citizenship Clause puts “the question of citizenship ‘once and forever [to] rest.’” Despite that, the administration is again trying to restrict birthright citizenship, prompting today’s legal action.

The groups had initially sought to block the new executive order in the existing Barbara case, which was filed in New Hampshire. After the judge in that case indicated that he viewed this challenge as a new lawsuit, the groups withdrew their requests in Barbara and filed this new lawsuit.

The lawsuit, Nathan v. Trump, was filed in federal district court in Washington, D.C.