Last month, the Supreme Court ruled that lower courts cannot issue nationwide injunctions blocking the Trump administration’s executive order limiting birthright citizenship, except in class action lawsuits.
Prior to the Supreme Court’s ruling, at least three different lawsuits had secured nationwide injunctions protecting all individuals potentially affected by Trump’s executive order restricting birthright citizenship. However, the Court’s ruling scaled back those protections, potentially leaving some children unprotected.
To safeguard all families across the country and address any gaps left by prior legal actions, the American Civil Liberties Union (ACLU) filed a class-action lawsuit, Barbara v. Donald J. Trump to stop the government’s enforcement of the order against all current or future babies born or after February 20, 2025, where:
(1) that child’s mother was unlawfully present in the United States and the child’s father was not a United States citizen or lawful permanent resident at the time of said child’s birth, or
(2) that child’s mother’s presence in the United States was lawful but temporary, and the child’s father was not a United States citizen or lawful permanent resident at the time of said child’s birth.
The U.S. District Judge Joseph Laplante agreed with the plaintiffs and issued a class-wide preliminary injunction blocking Trump’s executive order from being enforced against any affected baby born in the United States after February 20th.