Trump v. Barbara

Last updated
Trump v. Barbara
Seal of the United States Supreme Court.svg
Full case nameDonald J. Trump, President of the United States, et al., v. Barbara, et al.
Docket no. 25-365
Case history
Prior
  • Petitioners’ Motion for Classwide Preliminary Injunction granted. Barbara et al v. Trump et al, No. 25-cv-00244 (D.N.H. July 10, 2025).
Questions presented
whether the Executive Order complies on its face with the Citizenship Clause and with 8 U.S.C. 1401(a), which codifies that Clause

Barbara v. Trump, et. al. is a class action lawsuit against Executive Order 14160. President Donald Trump signed the order to place multiple restrictions on birthright citizenship, allegedly violating the 14th Amendment to the U.S. Constitution.

Contents

The lawsuit was filed on June 27, 2025, the same day as the Supreme Court ruled in the case Trump v. CASA that nationwide injunctions cannot be issued by a federal district court. [1] A class action as wide and comprehensive in scope as a nationwide injunction was seen as the best method to contest the ruling. (The representative plaintiff, Barbara, a Honduran citizen, is only known by her first name because she fears for her life and that of her family.) [2]

The lawsuit asks the U.S District Court for the District of New Hampshire to grant a class-wide injunction covering any person whose rights would be affected by the order. A similar class action case has been filed in Maryland as well. [3] [4]

On July 10, 2025, Judge Joseph Laplante issued a preliminary injunction indefinitely blocking the order from being enforced upon those who would be impacted by the policy. [5]

On December 5, 2025, the Supreme Court of the United States granted certiorari before judgment to the case. [6]

Background

On January 20, 2025, President Trump signed Executive Order 14160, "Protecting the Meaning and Value of American Citizenship", which ordered all departments of the executive branch to refuse to recognize children born to illegal immigrants or visa holders as citizens. [7] An estimated 150,000 such children are born in the United States each year. [8]

The order was quickly blocked by multiple universal preliminary injunctions issued by district court judges. [9] These cases were consolidated into Trump v. CASA . The Trump administration sought partial relief by asking the Supreme Court to limit the injunctions to the plaintiffs who were suing against the order. [10] On June 27, 2025, the Supreme Court ruled 6-3 that nationwide injunctions ordinarily cannot be issued by a federal district court. [1] Justice Brett Kavanaugh appeared to endorse class-wide injunctions in his concurring opinion. [1]

Seeing class actions as the best means to challenge the order, the American Civil Liberties Union filed a lawsuit asking the U.S District Court for the District of New Hampshire to grant a class-wide injunction covering those who would not qualify for birthright citizenship under the executive order. [3] CASA de Maryland filed a similar motion as well. [4]

On July 10, 2025, Judge Joseph Laplante granted the ACLU's request, certified a class of born and unborn babies who would be deprived of their citizenship per the administration's policy, and issued a preliminary injunction blocking the order from being enforced upon that class. [5] [11] [12]

References

  1. 1 2 3 Root, Damon (Jun 27, 2025). "Supreme Court rules 6–3 for Trump, limits 'nationwide injunctions' in birthright citizenship case".
  2. ""BARBARA;" "SARAH," by guardian, parent, and next friend "SUSAN;" and "MATTHEW," by guardian, parent, and next friend "MARK;" on behalf of themselves and all those similarly situated, v. DONALD J. TRUMP, President of the United States, in his official capacity, et al" (PDF). Archived from the original (PDF) on 2025-08-31.
  3. 1 2 Schonfeld, Zach (Jun 27, 2025). "Birthright citizenship plaintiffs make new push to block Trump's order nationwide".
  4. 1 2 "Supreme Court birthright citizenship ruling sparks new round of legal fights". NBC News. Jun 27, 2025.
  5. 1 2 Lee, Ella (July 10, 2025). "Judge blocks Trump birthright citizenship order after Supreme Court ruling". The Hill . Retrieved July 10, 2025.
  6. Hurley, Lawrence. "Supreme Court to decide if Trump can limit the constitutional right to citizenship at birth". NBC News . Retrieved 5 December 2025.
  7. Rachel Wilson,  What to know about Trump's birthright citizenship order, in charts and maps , CNN  (February 6, 2025).
  8. Devin Dwyer,  What to know about birthright citizenship as Supreme Court weighs blocks on Trump's order to end it , ABC News  (May 14, 2025).
  9. Amy Howe,  Trump asks Supreme Court to step in on birthright citizenship , SCOTUSblog  (March 13, 2025).
  10. Lawrence Hurley,  Birthright citizenship dispute at the Supreme Court has broad implications for Trump's agenda , NBC News  (May 14, 2025).
  11. Cole, Devan (July 10, 2025). "Federal judge issues new nationwide block against Trump's order seeking to end birthright citizenship". CNN . Retrieved July 10, 2025.
  12. Ambrose, Tom; Levine, Sam (July 10, 2025). "Judge blocks Trump on birthright citizenship despite supreme court ruling – US politics live". The Guardian . Retrieved July 10, 2025.