ACLU files lawsuit over Trump birthright citizenship executive order
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A few hours after the Supreme Court delivered to the Trump administration a major victory on Friday by governing the lower courts could only issue injunctions on a national level, in limited cases, a coalition of liberal legal groups filed a new collective appeal to the New Hampshire Federal Court. It aims at the executive decree of President Donald Trump, who redefined who qualifies for American citizenship at birth.
While the decision 6-3 of the judges leaves open the question of how the decision will apply to the order of citizenship of birth law at the heart of the case, Friday The trial accuses the administration of violating the Constitution by refusing citizenship to children born on American soil if their mothers are either illegally present or temporarily in the country and that their fathers are not American citizens or legal permanent residents.
The case was carried by the American Civil Liberties Union, ACLU of New Hampshire, Aclu du Maine, Aclu du Massachusetts, Legal Defense Fund, Caucus and defenders of Asian democracy. He seeks to represent a class of proposed children born under the terms of the decree and their parents.
The upheaval of the citizenship of the birth law would have a drastic negative impact, warn the defenders
President Donald Trump answers questions at a press conference on recent decisions of the Supreme Court on Friday in the White House Information Room. (Joe Raedle / Getty Images)
This is not the first judicial dispute of the policy. The same group brought a separate action in January 2025 before the same court on behalf of the plea organizations, members expected children who would be refused citizenship under the ordinance. This case led to a decision protecting the members of these groups and is currently pending before the 1st Circuit Court of Appeals, with oral arguments scheduled for August 1.
Friday’s SCUTU decision stipulates that the lower courts can no longer block federal policies on a national level, unless it is absolutely necessary to fully relieve persons prosecution. The decision does not say if the Citizenship of Citizenship of Right of Badly of Trump is legal, but this means that the order could take effect in certain parts of the country while the legal challenges continue. The court gave lower courts 30 days to examine their existing decisions.
“Requests do not increase – and therefore we do not approach – the question of whether the decree violated the citizenship clause or the law on nationality,” said judge Amy Condey Barrett, writing for the majority. “The question that is seized is that of appeal: if, under the judicial law of 1789, the federal courts have a fair power to issue universal injunctions.”
“A universal injunction can only be justified as an exercise in fair authority, but the Congress has not granted any federal power,” she added.
The Supreme Court confronts citizenship of the right of birth: the liberals are reluctant to the argument of Trump to end the injunctions nationwide
President Donald Trump, joined by the Attorney General Pam Bondi and the deputy prosecutor Todd Blanche, addresses the recent decisions of the Supreme Court with press members in the White House Information Room on Friday in Washington, DC (Joe Raedle / Getty Images)
Judge Sonia Sotomayor, in her dissent, suggested that the complainants could continue collective appeals as an alternative.
“Nevertheless, the parents of children covered by the citizenship order would be well advised to quickly deposit combinations of collective appeal and to request a temporary injunction for class certification awaiting putative class,” wrote Sotomayor. “For prosecution stimulating the policies as obviously illegal and harmful as the citizenship order, in addition, the lower courts would be judicious to act quickly on such requests for compensation and to rule on cases as quickly as they can in order to allow the rapid examination of this court.”
The ACLU trial calls for the citizenship of the birth law “the most fundamental promise in America” and affirms that the executive decree threatens to create “a permanent and multigenic subclass” of children refused by legal recognition.
“The decision of the Supreme Court has not suggested remotely, and we are fighting to make sure that President Trump cannot work on the citizenship rights of a single child,” said Cody Woffy, deputy director of the ACLU immigrants’ rights and the main lawyer in the case.
Media members stand in front of the Supreme Court building in Washington, DC, the last day of this quarter on Friday. (SOMODEVILLA / GETTY Images)
“This decree is directly opposed to our constitution, values and history,” added Devon Chaffee, executive director of the ACLU of New Hampshire. “No politician can never decide who among people born in our country is worthy of citizenship.”
The trial quotes the 14th amendment, which provides that “all people born or naturalized in the United States, and subject to their competence, are citizens”. He also refers to the decision of the Supreme Court in 1898 in United States v. Wong Kim Ark, who confirmed the citizenship of the birth law for children born in the United States of non-citizens.
The complainants include individuals from Honduras, Taiwan and Brazil. A mother of the New Hampshire awaits her fourth child and fears that the baby will refuse citizenship despite his birth in the United States
The case is Barbara et al. v. Trump et al., N ° 1: 25-CV-244, deposited at the American district court in the New Hampshire district.
“Trump’s executive order is directly opposed to our constitution, values and history and this would create a permanent and multigenic subclass of people born in the United States, but who are refused full rights,” said Sangyeob Kim of the Aclu of New Hampshire in January.
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“Today’s historic decision issues a decisive rejection of the judge of the law armed by Trump has endured left-wing militant judges who tried to refuse the president her constitutional authority,” the White House spokesman Liz Huston wrote to Fox News Digital.
“President Trump will continue to implement his America First program, and the Trump administration is anxious to plead the merits of the question of duty citizenship to guarantee our borders and make America again security.”
Breanne Deppisch of Fox News Digital contributed to this report.
