Original Date Announced

President Trump issued Executive Order (EO) 14418, titled "Continuing to Protect the Meaning and Value of American Citizenship." The EO provides that it is the policy of the U.S. that “no executive department or agency shall issue documents recognizing United States citizenship to, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship regarding, persons when neither parent of that person is a citizen," AND when:

1. either parent of that person is "an alien enemy";
2. either parent of that person is "a foreign government employee" (broadly defined);
3. either parent of that person "engaged in a commercial transaction to purchase or access birthright citizenship for the person" or otherwise engaged in fraud to obtain citizenship; or
4. "the person is born in a territory or territorial waters of the United States where citizenship is not conferred by Federal statute."

The EO also authorizes the Attorney General, the Secretary of Homeland Security, and the Commissioner of Social Security to take "all appropriate measures" to carry out the EO.

Trump 2.0 [ID #2358]

Subsequent Trump and Court Action

2026.08.11 Motion to Clarify - Barbara v. Trump

Plaintiffs filed a motion to clarify that the court's July 10, 2025 classwide preliminary injunction reaches EO 14418, or alternatively, to modify that injunction or enter a new one. It argues that the Supreme Court's decision in Trump v. Barbara, 609 U.S. ___ (2026), left no citizenship exceptions beyond those recognized in Wong Kim Ark, and that the new EO unlawfully purports to strip birthright citizenship from members of the provisionally certified class. Barbara v. Trump, No. 1:25-cv-00244 (D.N.H.).

**Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**

Subsequent Trump and Court Action

2026.09.01 Reported: US may ask parents to prove citizenship or immigration status to get passports for their children - Reuters

Reuters reports that the State Department has proposed guidance requiring parents applying for passports for their ​children to provide proof of their own citizenship or immigration status in order to enforce EO 14418.

Subsequent Trump and Court Action

2026.09.02 Memorandum Opinion - CASA v. Trump

The U.S. District Court for the District of Maryland granted plaintiffs’ request for a new classwide preliminary injunction against enforcement of President Trump’s August 2026 executive order restricting birthright citizenship. The court held that the order is likely unconstitutional as applied to the certified class—children born in the United States to parents who are unlawfully or temporarily present—because the Supreme Court’s recent decision in Trump v. Barbara held that those children are “citizens at birth” under the Fourteenth Amendment. The injunction prohibits federal agencies and officials from enforcing the August 2026 EO against class members or otherwise interfering with or refusing to recognize their citizenship, although it does not bar issuance of implementing guidance or enforcement of provisions that do not affect the class. CASA, Inc. v. Trump, No. 8:25-cv-00201-DLB (D. Md.).

**Link to case here. See litigation note above**

Subsequent Trump and Court Action

2026.09.09 - DHS - Registration of Lawful Permanent Residence for Children Born to Foreign Government Employees in the US

DHS published an interim final rule (IFR) implementing Executive Order 14418 that expands the categories of U.S.-born children who do not acquire citizenship at birth. Previously, only children of foreign diplomatic officers were excluded. Under the IFR, children born to "foreign government employees" are excluded unless at least one parent is a U.S. citizen. The rule defines foreign government employees as foreign diplomatic officers accredited to the United States; embassy and consulate employees who are nationals of that country; persons employed by a foreign government in an official capacity; and employees of international organizations that have international-organization immunity. It excludes certain groups, such as personal staff of officials and third-country nationals working at foreign missions. The rule took effect September 4, 2026, and applies only to children born on or after that date. DHS says it will not apply the rule to members of the certified class in Casa Inc. v. Trump while that injunction remains in place.

Subsequent Trump and Court Action

2026.09.16 DHS - Registration of Lawful Permanent Residence for Children Born to Foreign Government Employees in the United States; Correction

DHS issued an amendment to the IFR published on September 9, 2026. The amendment corrects the text of 8 CFR 264.2(c)(2)(v) and (vi) to recognize that children of foreign government employees who are not foreign diplomatic officers may not be required to file Form I-508, Waiver of Rights, Privileges, Exemptions, and Immunities, but are required to submit evidence of their parent’s foreign government employment rather than their diplomatic classification. This correction is applicable as of September 4, 2026.

Subsequent Trump and Court Action

2026.09.23 Notice to Court Regarding Pending Motions - Barbara v. Trump

In response to the court's procedural concerns in Barbara v. Trump, the plaintiffs filed a notice withdrawing their motions to modify or clarify the existing injunction, supplement the complaint, certify a new class, and issue a new preliminary injunction. Plaintiff Barbara will continue her suit, but the other new plaintiffs will refile their claims in a different jurisdiction as they do not reside in the district. Finally, the plaintiffs will confer with the defendants regarding the next steps for bringing the existing claims to a final judgment. Barbara v. Trump, No. 1:25-cv-00244 (D.N.H.).

**Link to case here. See litigation note above**

Subsequent Trump and Court Action

2026.09.28 Complaint - Nathan v. Trump

Four plaintiffs filed suit on behalf of themselves and a proposed nationwide class against President Trump, DHS, DOS, and SSA. The plaintiffs are challenging EO 14418, the subject of this policy entry, which purports to strip birthright citizenship from persons born in the United States under various circumstances, alleging it violates the Fourteenth Amendment, 8 U.S.C. § 1401 et seq., and the Administrative Procedure Act. The complaint alleges that EO 14418 exceeds presidential authority by unlawfully attempting to create new exceptions to birthright citizenship and that implementing guidance documents were issued without proper notice and comment. The plaintiffs are seeking declaratory relief that the executive order is unconstitutional and unlawful, preliminary and permanent injunctions against its enforcement, and vacatur of related guidance. Nathan v. Trump, No. 1:26-cv-3377 (D.D.C.).

**Link to case here. See litigation note above**