Fresh Legal Challenge Against Trump Orders

Rights groups have sought the intervention of a federal judge in New Hampshire to make sure President Donald Trump’s latest attempts to limit the policy of birthright citizenship do not erode existing protections afforded by the judiciary.

The court filings came following Trump’s signing of new executive orders on August 6 aimed at specific instances relating to birthright citizenship of children born within the U.S. This is in the wake of the Supreme Court’s rejection of the president’s efforts to curb the granting of birthright citizenship to children born to non-citizens on June 30.

In their complaint, the ACLU and other rights groups say that the new executive orders are nothing but an attempt to circumvent the Supreme Court’s order. The rights groups are seeking the judge hearing the case in Concord, New Hampshire to establish the fact that the latest executive orders can’t be used to infringe upon the children who fall under existing court orders.

New Orders Target Specific Groups

Trump’s orders dated August 6 relate to certain instances. These include the practice referred to by the administration as “birth tourism” whereby women give birth in the US in order to confer citizenship upon their children.

The orders further aim to deprive citizenship from children of individuals working under foreign governments within the US, of individuals who apply for citizenship through fraudulent means, and children of individuals described as “alien enemies.”

Birth tourism has been criticized by Trump. Addressing the media from the Oval Office, he stated that the previous decision made by the Supreme Court was unfortunate, adding that there are business enterprises that have cropped up due to such practices.

Supreme Court Already Rejected Earlier Effort

This move comes at the backdrop of a larger legal battle on the constitutional concept of birthright citizenship.

Trump’s previous executive order aimed to strip citizenship from children born in the US when their parents are either illegally present or are temporarily present in the country, including those holding student or work visas.

However, the Supreme Court ruled against this strategy on June 30. According to legal experts, the Constitution provides for birthright citizenship, which cannot be changed via an executive order.

Birth Tourism Numbers

It also touches upon the volume of birth tourism. In 2020, the Center for Immigration Studies made an estimation that between 20,000 and 26,000 mothers came to the country every year in order to have their baby there.

Such numbers are relatively small in comparison with overall American births. Government statistics state that in 2025 around 3.61 million babies were born in the United States.

The most recent filing of the lawsuit is another challenge to the administration's immigration policy in the court. The ACLU argues that constitutional rights of children cannot be undermined by executive orders while the government still tries to limit citizenship.