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Defying the Courts
Birthright Citizenship Orders

Trump Signed New Citizenship Exclusions 37 Days After Losing at the Supreme Court

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Chapter 1 — Citizenship on the President's Signature

Chapter 2 — The Courts Stopped the First Order

Chapter 3 — Thirty-Seven Days Later

Chapter 4 — A Renewed Use of Power Against Citizenship

1 · Citizenship on the President's Signature

1 · Citizenship on the President's Signature — select a subtopic

1.1 — He Ordered It, Then Ordered It Again

1.2 — The Children Behind the Case

1.3 — A Right His Government Had Recognized for Decades

1 · Citizenship on the President's Signature
1.2 · Citizenship on the President's Signature
The Children Behind the Case

A federal judge found credible evidence that the first order threatened citizenship for thousands of children. The plaintiffs included Sarah, born in Utah to a mother on a student visa, and Matthew, born in Florida to a Brazilian father and a mother without lawful status. The courts prevented the first order from taking effect, and Matthew had received a U.S. passport.

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1.3 · Citizenship on the President's Signature
A Right His Government Had Recognized for Decades

Trump reversed the federal government's own longstanding position on birthright citizenship. His government's Supreme Court brief called the earlier position a misreading and presented his order as the correction. In 1995, the Justice Department had told Congress that denying citizenship to these children by statute would require a constitutional amendment.

Legislation Denying Citizenship at Birth to Certain Children Born in the United States, 19 Op. O.L.C. 340

The lawfulness of this bill is not among them. This legislation is unquestionably unconstitutional.

Walter Dellinger, Assistant Attorney General, Office of Legal Counsel · December 13, 1995

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2 · The Courts Stopped the First Order

2 · The Courts Stopped the First Order — select a subtopic

2.1 — Trump Won on Injunctions, Then Lost on Citizenship

2.2 — Two Trump Appointees Voted Against His Order

2 · The Courts Stopped the First Order
2.1 · The Courts Stopped the First Order
Trump Won on Injunctions, Then Lost on Citizenship
2.2 · The Courts Stopped the First Order
Two Trump Appointees Voted Against His Order

Barrett and Kavanaugh, both nominated by Trump, voted against his order for different reasons. Barrett joined the five-Justice constitutional holding. Kavanaugh disagreed with that holding but supplied the sixth vote against the order because Congress had not authorized its exceptions in the citizenship statute.

Trump v. Barbara, separate opinion

In my view, the Executive Order does not violate the Fourteenth Amendment. But the Order does contravene a federal statute, 8 U. S. C. §1401(a).

Justice Brett M. Kavanaugh, concurring in the judgment and dissenting in part · June 30, 2026

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3 · Thirty-Seven Days Later

3 · Thirty-Seven Days Later — select a subtopic

3.1 — Another Set of Exclusions

3.2 — Citizenship Replaced With Immigration Paperwork

3.3 — A Judge Blocked the Renewed Threat

3 · Thirty-Seven Days Later
3.1 · Thirty-Seven Days Later
Another Set of Exclusions
3.2 · Thirty-Seven Days Later
Citizenship Replaced With Immigration Paperwork

DHS rewrote its rules for children of foreign-government employees who previously would have been treated as citizens. Its permanent-residence application route carried estimated costs of $1,905.95 electronically or $1,993.65 on paper. The Social Security Administration planned to refuse a newborn's number if an exclusion applied or a parent declined its questions.

Interim final rule, 91 Fed. Reg. 57249

This rule governs the registration of permanent resident status for children born to foreign government employees who previously would have been considered United States citizens at birth.

Department of Homeland Security, U.S. Citizenship and Immigration Services · Published September 9, 2026; effective September 4, 2026

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3.3 · Thirty-Seven Days Later
A Judge Blocked the Renewed Threat

The mothers who sued over the first order returned to court after Trump's second order. Judge Deborah Boardman found Monica's and Andrea's children faced a credible threat of losing citizenship recognition through mistaken gang designations. She found the order almost certainly unconstitutional for the class the Supreme Court had protected. Her injunction protected that class.

Memorandum Opinion granting a preliminary injunction, CASA, Inc. v. Trump

The 2026 Executive Order is almost certainly unconstitutional as applied to the certified class for the simple reason that the Supreme Court in Barbara already decided that the children in the class are citizens at birth. This Court must, once again, preliminarily enjoin enforcement of the President’s most recent attempt to strip the right to citizenship from them.

Judge Deborah L. Boardman, U.S. District Court for the District of Maryland · September 2, 2026

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4 · A Renewed Use of Power Against Citizenship

4 · A Renewed Use of Power Against Citizenship — select a subtopic

4.1 — The Defense, and Its Limit

4.2 — Why This Is an Impeachment Charge

4 · A Renewed Use of Power Against Citizenship
4.1 · A Renewed Use of Power Against Citizenship
The Defense, and Its Limit

Trump's strongest defense is that he tested a disputed legal theory in court and his administration accepted the injunctions. The second order claimed to target exceptions outside the Supreme Court's rule. But DHS itself said it was changing the treatment of children previously considered citizens, and Judge Deborah Boardman found the order almost certainly unconstitutional for the children the Supreme Court had protected.

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Sources
4.2 · A Renewed Use of Power Against Citizenship
Why This Is an Impeachment Charge

The Constitution permits impeachment for high crimes and misdemeanors, which Hamilton described as abuse of public trust. Nixon complied with the Supreme Court's tapes order, yet the House Judiciary Committee adopted an article charging misuse of executive powers to violate citizens' constitutional rights. The charge here rests on Trump's second attempt to deny citizenship recognition after the Supreme Court had ruled.

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