Nathan v. Trump – Class Action to Protect Birthright Citizenship

  • Filed: Sep 28, 2026
  • Status: Active
  • Court: U.S. District Court for the District of Columbia
  • Latest Update: Sep 28, 2026
Birthright Citizenship Rally at SCOTUS

Summary

Despite the Supreme Court's June ruling in Barbara v. Trump, the administration is again targeting birthright citizenship with another unlawful executive order. We'll see the government in court – again.

President Trump signed yet another unlawful executive order targeting birthright citizenship. The order flies in the face of a June Supreme Court ruling in our case, Barbara v. Trump, that stated the Constitution’s Citizenship Clause puts “the question of citizenship ‘once and forever [to] rest.’”

Along with our partners, we initially sought to block the new executive order with the existing Barbara case. After the judge in that case indicated that he viewed this challenge as a new lawsuit, we withdrew those requests in Barbara and filed this new lawsuit.

The president may keep signing unlawful executive orders, but the Supreme Court was clear when it ruled that neither the president nor Congress can end birthright citizenship. We’ll continue defending the Constitution and fighting for the fundamental citizenship rights of all babies born on U.S. soil.

Read more about the history of birthright citizenship and our victory in Barbara here.

Case Number:
U.S. District Court for the District of Columbia Docket No. 1:26-cv-03377
Partner Organizations:
ACLU Immigrants' Rights Project, ACLU of New Hampshire, ACLU of Massachusetts, ACLU of the District of Columbia, NAACP Legal Defense & Educational Fund, Asian Law Caucus, and Democracy Defenders Fund

Documents

U.S. District Court for the District of Columbia
Where it started

Learn More About the Issues in This Case

Immigrants' Rights View All Issues

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President Trump has targeted immigrants since his first day in office, and his efforts to eliminate birthright citizenship are at the center of his cruel agenda to redefine who gets to be an American. But the 14th Amendment guarantees citizenship to children born in the United States — and President Trump is not above the Constitution.