Key facts
- The ACLU and partner organizations sued to block President Donald Trump's executive order on birthright citizenship.
- The executive order sought to restrict citizenship for babies born after February 19, 2025, to parents without permanent legal status.
- Federal courts had previously blocked the order.
- The Supreme Court ruled 6-to-3 that the executive order was unconstitutional.
- The ruling reaffirmed birthright citizenship as a constitutional guarantee.
- President Donald Trump is considering a federal challenge to New York's 'pied-a-terre' tax on luxury second homes.
The American Civil Liberties Union (ACLU) and other legal groups sued to block an executive order by U.S. President Donald Trump that sought to curtail birthright citizenship. The order, signed on the first day of Trump's second term, imposed restrictive stipulations on citizenship for babies born after February 19, 2025, to parents without permanent legal status.
Federal courts had previously blocked the administration from implementing the executive order, citing violations of the Constitution, Supreme Court precedent, and federal statute. The class action lawsuit, Barbara v. Trump, brought by the ACLU and its partners, reached the Supreme Court.
On June 30, 2026, the Supreme Court, in a 6-to-3 decision, struck down the executive order, declaring it unconstitutional. The ruling reaffirmed the constitutional guarantee of birthright citizenship, stating that a president cannot change the Constitution by executive fiat. ACLU National Legal Director Cecillia Wang argued the case before the Supreme Court, emphasizing that birthright citizenship is a fundamental American promise.
Separately, President Donald Trump stated he is assessing whether the federal government can legally challenge New York's new progressive surcharge on luxury second homes, calling it a "dangerous political experiment." The tax, passed in May as part of the New York state budget, has already faced a state court challenge, with a judge temporarily blocking its rollout.