Plaintiffs in two cases that challenged former President Trump's earlier birthright citizenship executive order, which the Supreme Court struck down, have filed the first legal challenges to his new order as of August 12, 2026.

The new executive order, like the previous one, faces constitutional questions under the Supreme Court's ruling in Trump v. Barbara. The earlier order sought to deny birthright citizenship to children of undocumented immigrants and those on temporary visas but was invalidated by the Court.

The current challenges were initiated by plaintiffs from two of the cases against the earlier orders. They are seeking either a modification of the injunction against the prior executive order or a new injunction clarifying that birthright citizenship cannot be denied under the new order.

Trump's new order notably excludes children born in American Samoa, the only group covered by the provision applying to children "born in a territory or territorial waters of the United States where citizenship is not conferred by Federal statute." It may also affect children born to surrogate mothers who contracted with noncitizens outside the U.S., addressing concerns about "birth tourism."

Legal experts note that lawsuits filed by states could provide a broader injunction following the Supreme Court's decision. Last year, after the CASA case, the U.S. Court of Appeals for the Ninth Circuit granted such an injunction challenging the original order.

However, because the new order affects fewer people than the original, there may be more procedural obstacles to challenging it.

Sources