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Executive orders limiting birthright citizenship

Partly blocked

2025 order blocked; 2026 order blocked for a class

Supreme Court ruled for the children in Trump v. Barbara on June 30, 2026

2025 order: in Trump v. Barbara the Supreme Court held that children born here to parents unlawfully or temporarily present are citizens at birth, and affirmed a nationwide class injunction against Executive Order 14160. 2026 order: on September 2, 2026 a federal court in Maryland barred enforcing Executive Order 14418 against the same class, except section 2(d) on territories and agency guidance under section 3(b); a motion to dissolve or stay that injunction has been pending since September 8. A D.C. class action seeks relief for others the 2026 order reaches.

Status as of
October 31, 2026
Dockets checked
November 3, 2026

The policy

Executive Order 14160 (January 20, 2025) provided that children born in the United States to parents unlawfully or temporarily present are not citizens at birth. On June 30, 2026, in Trump v. Barbara, the Supreme Court held that those children are citizens under the Fourteenth Amendment and affirmed a nationwide class injunction. On August 6, 2026 the President issued Executive Order 14418, which directs agencies not to recognize the citizenship of other groups of U.S.-born children when neither parent is a citizen: children of certain foreign government employees or of members of designated terrorist groups, children whose parents paid to obtain birthright citizenship, and children born in some U.S. territories. Families and immigrant advocacy groups are challenging both orders.

Court rulings

Rulings on the policy by court. Stay and procedural rulings say what the court did and aren't counted in the circuit row.

CourtRulingCaseNote
U.S. Supreme Court Ruled against the policy Barbara v. TrumpNo. 25-365 · Jun 30, 2026 Children born in the United States to parents unlawfully or temporarily present are citizens at birth under the Citizenship Clause. Affirmed the class injunction; opinion by Chief Justice Roberts.
D.N.H. Ruled against the policyPreliminary ruling Barbara v. TrumpNo. 25-365 · Jul 10, 2025 Provisionally certified a nationwide class and preliminarily enjoined Executive Order 14160.
D. Md. Ruled against the policyPreliminary ruling CASA, Inc. v. TrumpNo. 8:25-cv-00201 · Sep 2, 2026 Preliminarily enjoined Executive Order 14418 as to the certified class, except section 2(d), because Barbara held the class members are citizens at birth. Motion to dissolve or stay pending.

Who's covered

  • Certified class · Barbara v. Trump

    Nationwide class provisionally certified by the District of New Hampshire on July 10, 2025. The court enjoined DHS, State, Agriculture and CMS from enforcing Executive Order 14160, and the Supreme Court affirmed on June 30, 2026. This injunction concerns the 2025 order only; the New Hampshire plaintiffs withdrew their request to extend it to the 2026 order on September 23, 2026.

    All current and future persons who are born on or after February 20, 2025, where (1) that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth.

    Certification order

  • Certified class · CASA, Inc. v. Trump

    Nationwide class certified by the District of Maryland on August 7, 2025; the court described it as identical to the Barbara class. An August 7, 2025 injunction bars enforcing Executive Order 14160 against class members, and a September 2, 2026 injunction bars enforcing Executive Order 14418 against them, except section 2(d) on territories and the issuance of guidance under section 3(b). The government's September 8 motion to dissolve or stay the 2026 injunction is pending.

    Any child who has been born or will be born in the United States after February 19, 2025, (1) whose mother was unlawfully present in the United States and whose father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) whose mother’s presence in the United States at the time of said person’s birth was lawful but temporary and whose father was not a United States citizen or lawful permanent resident at the time of said person’s birth.

    Certification order

For practitioners

  • The Supreme Court's judgment issued August 3, 2026. On August 17 the First Circuit lifted its abeyance of the government's appeal and remanded Barbara to the District of New Hampshire for further proceedings consistent with the Supreme Court's decision. [1][2]
  • Executive Order 14418 (August 6, 2026) applies when neither parent is a U.S. citizen and a parent is an "alien enemy" (defined to include members of designated foreign terrorist organizations and Specially Designated Global Terrorists) or a foreign government employee as the order defines it, a parent paid to obtain birthright citizenship for the child or committed fraud to obtain citizenship, or the child was born in a territory where federal statute doesn't confer citizenship. Agencies were to issue public guidance within 30 days. [1]
  • In Barbara, the plaintiffs asked the New Hampshire court in August and September 2026 to extend its injunction to the 2026 order, add plaintiffs and certify a new class. According to their September 23 notice, the court said at a September 22 conference that the new claims were in effect a new case, and they withdrew those motions; the new plaintiffs other than Barbara's daughter said they would sue elsewhere. [1][2]
  • In CASA, the September 2 injunction leaves agencies free to issue guidance under section 3(b) of the 2026 order; the government moved on September 8 to dissolve or stay it, briefing closed October 6, and no ruling appears on the docket. Nathan v. Trump, filed September 28, proposes a nationwide class of children whose parent the government places in sections 2(a)-(c), and their parents, and asks the court to vacate DHS's interim final rule on children of foreign government employees (91 FR 57249, effective September 4, 2026). A hearing is set for November 12. [1][2][3][4][5][6]

In plain language

If your child was born in the United States, the Supreme Court decided in June 2026 that the child is a U.S. citizen even if the parents were here without legal status or on a temporary visa. In August 2026 the President signed a new order saying some other children born here aren't citizens when neither parent is a U.S. citizen. It covers children of certain foreign government workers, children of people the government lists as terrorists, children whose parents paid to get them citizenship, and children born in some U.S. territories. A Maryland court has barred enforcing the new order against the class of children in the Supreme Court case, which has a set definition. It leaves out the part on U.S. territories and lets agencies issue guidance. Another lawsuit asks a court in Washington, D.C. to protect more children. An immigration lawyer can tell you what applies to your family.

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New on the dockets, not yet reviewed

Court actions picked up from the dockets after the last review. They're quoted as filed and don't change the status until they're checked against the order.

  • Minute Entry for proceedings held before Judge Joseph N. Laplante. STATUS CONFERENCE held on 9/22/2026. Response to 94 Motion to Extend is stayed until further order of the court. (Court Reporter: Doris Burby) (Pltfs Atty: Cody Wofsy, A. Lafaille, C. Garvan, C. Meade, C. Eddy, G. Bissonnette, G. Choi, K. Leung, M. Savarese, O. Jadwat, S. Kim, T. Null, W. Kao, Z. Heiden) (Defts Atty: Brad Rosenburg) (Total Hearing...

    Barbara v. Trump · U.S. Supreme Court No. 25-365 · Docket entry

How we got here

  1. Plaintiffs replied and filed an amended complaint

    Nathan v. Trump · D.D.C. · Source

  2. Court set a November 12 hearing

    Nathan v. Trump · D.D.C. · Source

  3. Government opposed both motions

    Nathan v. Trump · D.D.C. · Source

  4. Plaintiffs moved for a classwide preliminary injunction and class certification

    Nathan v. Trump · D.D.C. · Source

  5. Plaintiffs filed a proposed class action against Executive Order 14418

    Nathan v. Trump · D.D.C. · Source

  6. Plaintiffs announced new motions seeking protection for an additional class

    Barbara v. Trump · U.S. Supreme Court · Source

  7. Government moved to dissolve or stay the injunction

    CASA, Inc. v. Trump · D. Md. · Source

  8. Court enjoined Executive Order 14418 as to the certified class

    CASA, Inc. v. Trump · D. Md. · Source

  9. Court denied a TRO without prejudice and allowed a supplemental complaint

    CASA, Inc. v. Trump · D. Md. · Source

  10. Fourth Circuit dismissed the government's appeal

    CASA, Inc. v. Trump · D. Md. · Source

  11. Plaintiffs sought clarification after second birthright-citizenship order

    Barbara v. Trump · U.S. Supreme Court · Source

  12. Supreme Court affirmed birthright-citizenship protection

    Barbara v. Trump · U.S. Supreme Court · Source

Show all 15

  1. Court certified a nationwide class and enjoined Executive Order 14160 as to the class

    CASA, Inc. v. Trump · D. Md. · Source

  2. Supreme Court partially stayed the universal injunctions in Trump v. CASA

    CASA, Inc. v. Trump · D. Md. · Source

  3. Court preliminarily enjoined Executive Order 14160

    CASA, Inc. v. Trump · D. Md. · Source

Status changes

Selected changes since June 30, 2026, each with the order behind it.

  • 2025 order blocked; 2026 order blocked for a class. D. Md. enjoined Executive Order 14418 as to the certified class in CASA v. Trump Source
  • New order issued; no order-specific injunction yet. The President issued Executive Order 14418 Source
  • Blocked for a nationwide class. Trump v. Barbara affirmed the class injunction against Executive Order 14160 Source

Cases (3)

CaseCourtLatestAs of
Barbara v. TrumpNo. 25-365 · Lead case · Class actionU.S. Supreme CourtPlaintiffs seek relief against follow-on birthright-citizenship orderSep 9, 2026
CASA, Inc. v. TrumpNo. 8:25-cv-00201 · Class actionD. Md.Court enjoined the 2026 birthright-citizenship order as to its certified class; motion to dissolve pendingOct 31, 2026
Nathan v. TrumpNo. 1:26-cv-03377 · Class actionD.D.C.Hearing on classwide preliminary injunction against the 2026 birthright-citizenship order set for Nov. 12Oct 31, 2026

In the news

Every status statement on this page links to the order it rests on. Docket entries marked "not yet reviewed" are quoted as filed. How we track litigation