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Birthright Citizenship

First Legal Challenges to Trump's New Birthright Citizenship Executive Order

They were filed by plaintiffs in two cases challenging his earlier order, which was struck down by the Supreme Court.

Ilya Somin | 8.11.2026 11:12 PM

Milla74/Dreamstime

A few days ago, I wrote about Trump's new birthright citizenship executive order and why the vast bulk of it is unconstitutional under the Supreme Court's ruling in Trump v. Barbara, which struck down his earlier executive order denying birthright citizenship to children of undocumented immigrants and those on temporary visas. Yesterday and today, the first two legal challenges to the new order were initiated.

They were filed by the plaintiffs in two of the cases challenging the earlier orders. The plaintiffs in Barbara v. Trump are seeking modification of the injunction against the earlier executive order or a new injunction making clear that they cannot be deprived of birthright citizenship under the new order.........

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