New Hampshire Trump Birthright Citizenship EO Challenge

A pro-democracy lawsuit challenging President Donald Trump’s Executive Order attempting to end birthright citizenship.

Background

Non-citizen U.S. residents filed a class action lawsuit in New Hampshire district court challenging President Trump’s Executive Order (EO) to end birthright citizenship for children born on American soil to non-citizen parents. Plaintiffs assert their soon-to-be born children will be denied citizenship under the EO, violating the Citizenship Clause of the 14th Amendment, the federal statute of the Citizenship Clause, and the Administrative Procedures Act. The lawsuit seeks to block and declare the EO unconstitutional.

Why It Matters

Trump’s unprecedented challenge to one our nation’s most fundamental constitutional guarantees fits squarely within the administration’s broader anti-immigrant agenda. The EO seeks to destabilize the rule of law and limit who may be entitled to constitutional protections such as the freedom of speech and right to due process.

Latest Updates

• Dec. 5, 2025: The Supreme Court announced it will hear arguments on the Trump administration’s EO ending birthright citizenship.
• Oct. 8, 2025: The First Circuit paused the case pending the Supreme Court’s decision on whether they will grant cert.
• Sept. 26, 2025: The Trump administration asked the Supreme Court to grant cert before judgment.
• Sept. 5, 2025: Defendants appealed the court’s PI to the First Circuit.
• July 10, 2025: The court granted plaintiffs’ motion for a preliminary injunction (PI).
• June 27, 2025: Plaintiffs filed their complaint.