A motion to clarify a preliminary injunction has been filed by the American Civil Liberties Union (ACLU) in the case Barbara v. Trump, concerning the birthright citizenship of children born to aliens who are members of foreign terrorist organizations, including those declared as Alien Enemies under U.S. law.

Contrary to misleading headlines suggesting a federal court provisionally certified a class of pregnant ISIS brides seeking birthright citizenship for their children, the actual legal action involves the ACLU seeking clarity on the scope of the injunction related to citizenship rights.

The case raises complex legal questions about the definition and scope of "alien enemies," a term that the current Administration has defined to include members of certain groups designated as terrorist organizations. However, the term "include" in the relevant executive order does not imply limitation to those groups alone. The Administration has been noted for using broad and sometimes unfounded criteria in designating individuals as alien enemies under the Alien Enemies Act, as reported by ProPublica in July 2025.

This broad interpretation has heightened concerns about the potential overreach of authority and the implications for affected individuals and their children. The Supreme Court has previously avoided ruling on issues related to the Alien Enemies Act and invasion in cases such as AARP v. Barbara.

The ongoing litigation also touches on whether any state has standing to assert the rights of alien enemies, adding further complexity to the case.

Sources