The RecordExhibit 97
A second birthright citizenship order after losing at the Supreme Court
Ruled unlawful means: A court ruled against it. Some rulings are on appeal.
Five weeks after the Supreme Court struck down his first order, Trump signed two more on Aug. 6, 2026, creating new categories of U.S.-born children who would not be recognized as citizens.
What happened
Executive Order 14418 tells agencies not to recognize the citizenship of a child born in the United States when neither parent is a citizen and a parent is classified as an 'alien enemy,' works for a foreign government or an international organization with immunity, paid to obtain citizenship for the child (which could reach some surrogacy arrangements), or committed fraud to obtain it. A second order addresses birth tourism. Reuters reported that the State Department drafted guidance that would require parents applying for a child's passport to prove their own citizenship or immigration status.
Where it stands
On Sept. 2, 2026, Judge Deborah Boardman in Maryland barred the government from enforcing the new order against the class of children covered by the earlier case, writing that it is 'almost certainly unconstitutional' as applied to them because the Supreme Court had already decided they are citizens at birth. The ruling is preliminary and does not block every part of the order. On Sept. 28, the ACLU and other groups filed a new class action in federal court in Washington for families in the newly targeted categories; the plaintiffs are two couples who work for international organizations and a couple expecting a child through a U.S. surrogate. There is no ruling in that case yet.
The administration's side
The administration says the new order is consistent with the Supreme Court's decision and targets specific categories of children it believes fall outside the Constitution's guarantee.
Sources
Permanent link: https://unredactedrecord.com/e/birthright2/