Cases · Executive orders limiting birthright citizenship
Nathan v. Trump
Latest development
Hearing on classwide preliminary injunction against the 2026 birthright-citizenship order set for Nov. 12
As of October 31, 2026, the motions for a classwide preliminary injunction (ECF 12) and class certification (ECF 13) are fully briefed: the government opposed on October 21 and the plaintiffs replied on October 26. The court set a hearing for November 12, 2026. The plaintiffs filed an amended complaint on October 26.
- Status as of
- October 31, 2026
- Source
- Latest order (PDF)
- Docket reviewed through
- October 31, 2026
About the case
The plaintiffs, proceeding under pseudonyms, sued the President, DHS, the State Department and the Social Security Administration on September 28, 2026. They claim that Executive Order 14418 violates the Citizenship Clause and 8 U.S.C. § 1401(a), and they ask the court to vacate DHS's interim final rule on children born to foreign government employees (91 FR 57249, effective September 4, 2026). The complaint proposes a class of "[a]ll persons, and the parents (including expectant parents) of those persons" born in the United States, not born to an accredited foreign diplomatic officer, with neither parent a U.S. citizen, and with a parent "categorized by the government as falling within §§ 2(a)-(c)" of the order. That is the plaintiffs' proposed definition; no class has been certified. The plaintiffs first sought to join Barbara v. Trump (D.N.H.) through a supplemental complaint; those motions were withdrawn on September 23, 2026, and this case was filed five days later.
Relief
The plaintiffs seek class certification, a declaration that Executive Order 14418 is unlawful as to the class, preliminary and permanent injunctions against enforcing it as to the class, and vacatur of the interim final rule and implementing guidance.
What's next
Hearing on November 12, 2026 at 10:00 a.m. before Judge Christopher R. Cooper.
New on the docket, not yet reviewed
Nothing new since the last review.
Reviewed events
Plaintiffs replied and filed an amended complaint
Nathan v. Trump · D.D.C. · Source
Court set a November 12 hearing
Nathan v. Trump · D.D.C. · Source
Government opposed both motions
Nathan v. Trump · D.D.C. · Source
Plaintiffs moved for a classwide preliminary injunction and class certification
Nathan v. Trump · D.D.C. · Source
Plaintiffs filed a proposed class action against Executive Order 14418
Nathan v. Trump · D.D.C. · Source