Three families filed a nationwide class action lawsuit on September 28, 2026, in the U.S. District Court for the District of Columbia. They are challenging an August executive order that would deny citizenship to certain children born in the United States.
Background
On June 30, 2026, the Supreme Court struck down President Trump’s January 2025 birthright citizenship order in Trump v. Barbara. The Court relied on United States v. Wong Kim Ark and reaffirmed that nearly everyone born here is a citizen, with only a few narrow exceptions.
On August 6, five weeks later, the President signed two new orders. These orders seek to include additional groups of children within the existing exceptions. Executive Order 14418 instructs agencies to deny citizenship recognition for a U.S.-born child when neither parent is a citizen and a parent:
- Is classified as an “alien enemy.”
- Works for a foreign government or an immunized international organization.
- Paid to “purchase or access” citizenship, potentially including certain surrogacy arrangements.
- Committed fraud to obtain citizenship.
Executive Order 14419, the second order, addresses birth tourism.
The Lawsuit
The plaintiffs are two couples working for international organizations on G-4 visas, and an Australian couple expecting a child via a U.S. surrogate. The ACLU and its partner organizations represent them. They say the President has no power to change the definition of citizenship. The complaint alleges violations of the Fourteenth Amendment and federal law, and the Department of Homeland Security (DHS) failed to follow notice-and-comment rulemaking procedures.
Children affected could be denied passports and Social Security numbers, face removal or be at risk for statelessness, the complaint says. DHS defends the rule, noting that children of foreign government employees can register as permanent residents from birth.
What Families Should Know
The court has yet to rule on whether to block the order. Families should consult with legal counsel before applying for a child’s passport or Social Security number in the following situations:
- Neither parent is a U.S. citizen, and a parent works for a foreign government or an international organization.
- The family is planning a U.S. surrogacy.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.