President Trump signed two new executive orders targeting birthright citizenship on Thursday, launching a fresh legal front just weeks after the Supreme Court struck down his original attempt to end the practice in a landmark 6-3 decision.
The new orders represent a recalibrated approach to a fight that has become one of the defining legal battles of Trump’s second term. The American Civil Liberties Union immediately condemned the move, saying the orders are “doomed to fail in court” just as the original was.
The Supreme Court ruled on June 30 that Trump’s first executive order, signed on Inauguration Day in January 2025, was unconstitutional. The 6-3 decision in Trump v. Barbara affirmed that birthright citizenship is protected under the 14th Amendment and cannot be ended by executive action alone.
Despite that decisive ruling, Trump signaled his intent to press forward with a new strategy. The two orders appear designed to test alternative legal approaches, potentially seeking to narrow the scope of the court’s decision or create new administrative mechanisms that skirt the constitutional question directly.
Legal experts and immigrant rights organizations had anticipated the move. The ACLU, which successfully challenged the original order, said it was prepared to file suit against the new orders immediately. Several state attorneys general who joined the original lawsuit also signaled they would mount another legal challenge.
The original executive order sought to deny citizenship to children born to undocumented parents or those on temporary visas, directly challenging over a century of constitutional interpretation. Supporters of the administration’s position argue that the 14th Amendment was never intended to grant citizenship to children of undocumented immigrants, while opponents say the amendment’s language is clear and the Supreme Court has already spoken.
The new orders are expected to face immediate legal challenges, and the outcome could once again hinge on the Supreme Court. For now, birthright citizenship remains fully in effect, and all children born on U.S. soil continue to be recognized as citizens regardless of their parents’ immigration status.
Immigration advocates warned that even without legal effect, the orders could create confusion among immigrant families and discourage parents from seeking services for their U.S.-born children. The administration has increasingly used immigration policy as a centerpiece of its domestic agenda, and the birthright citizenship fight shows no signs of winding down.
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