Barbara v. Donald J. Trump
What's at Stake
President Trump is attempting to undermine the promise of birthright citizenship to children born on U.S. soil. But the ºìÐÓÊÓÆµ and partners are fighting to protect the rights of citizens that are plainly stated in the Constitution, federal statute, and reaffirmed by the Supreme Court for more than a century. We’re arguing against the Trump administration in the Supreme Court and are confident we will win.
Summary
Since the first day of his second term in office, President Trump has taken aim at birthright citizenship, by signing an executive order imposing restrictive stipulations. It affected all babies born in the United States after February 19, 2025, to parents without permanent legal status. The ºìÐÓÊÓÆµ and partners immediately sued to block the unconstitutional action.
Federal courts have since repeatedly blocked the administration from implementing the executive order, finding it violates the Constitution, over a century of Supreme Court precedent, and a longstanding federal statute.
The ºìÐÓÊÓÆµ and partners have since filed the class action lawsuit Barbara v. Trump on behalf of the enormous number of individuals whose citizenship hangs in the balance because of the President’s birthright citizenship executive order, and now the case will be heard in the Supreme Court.
Ending birthright citizenship would upend the law and the lives of hundreds of thousands of families by creating a permanent subclass of people born in the United States who are denied their rights as American citizens. But the ºìÐÓÊÓÆµ and partners are primed to argue against this unprecedented and unlawful attack on all of our rights. This story underscores the stakes of this case: whether America will preserve the country’s tradition from its founding and constitutional promise that every child born here belongs here.
In essence: The Constitution, not the President, defines who is a citizen.
ºìÐÓÊÓÆµâ€™s co-counsel are: NAACP Legal Defense and Education Fund, Asian Law Caucus, Democracy Defenders Fund, and ºìÐÓÊÓÆµâ€™s of New Hampshire, Maine, and Massachusetts. Our organizational clients in NHICS are New Hampshire Indonesian Community Support, League of United Latin American Citizens, and Make the Road New York.
This case is a nationwide class. If you think your child is a class member, and you have any questions or concerns, click here.
Legal Documents
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10/29/2025
Brief in Opposition to Government's Cert Petition
Date Filed: 10/29/2025
Court: Supreme Court
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06/27/2025
Complaint -
07/10/2025
PI Order -
07/10/2025
Order Granting Class Certification
Date Filed: 06/27/2025
Court: District Court (D.N.H.)
Date Filed: 07/10/2025
Court: District Court (D.N.H.)
Date Filed: 07/10/2025
Court: District Court (D.N.H.)
Press Releases
ºìÐÓÊÓÆµ Legal Director Cecillia Wang to Present Arguments at the Supreme Court in Birthright Citizenship CaseÂ
Supreme Court to Hear High-Stakes Birthright Citizenship Challenge Â
Federal Court Blocks Trump Birthright Citizenship Order, Certifies Nationwide Class Protecting All Impacted Babies
Groups File Nationwide Class-Action Lawsuit Over Trump Birthright Citizenship Order