Case: Nathan v. Trump

1:26-cv-03377 | U.S. District Court for the District of District of Columbia

Filed Date: Sept. 28, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

[This summary is temporary while we research this case.] On September 28, 2026, three plaintiffs—a minor child represented by a guardian with G-4 visa status, a non-U.S. citizen parent in Australia expecting a child via surrogacy in the U.S., and a G-4 visa holder employed by an international organization—filed suit in the U.S. District Court for the District of Columbia against the President, the U.S. Department of Homeland Security (DHS), the U.S. Department of State (DOS), and the U.S. Socia…

[This summary is temporary while we research this case.]

On September 28, 2026, three plaintiffs—a minor child represented by a guardian with G-4 visa status, a non-U.S. citizen parent in Australia expecting a child via surrogacy in the U.S., and a G-4 visa holder employed by an international organization—filed suit in the U.S. District Court for the District of Columbia against the President, the U.S. Department of Homeland Security (DHS), the U.S. Department of State (DOS), and the U.S. Social Security Administration (SSA). The complaint challenged Executive Order No. 14,418 (EO2), issued on August 6, 2026, which purported to deny birthright citizenship to children born in the U.S. to parents employed by international organizations or foreign governments, as well as those born via surrogacy to non-U.S. citizens. The plaintiffs alleged that EO2 violated the Fourteenth Amendment’s Citizenship Clause and 8 U.S.C. § 1401 by imposing unconstitutional restrictions on birthright citizenship, following a prior executive order struck down by the Supreme Court in Trump v. Barbara (2026). They further claimed that implementing guidance from DHS, DOS, and SSA required parents to submit attestations under penalty of perjury to obtain passports or Social Security numbers, effectively denying citizenship to targeted children. The lawsuit sought class certification, declaratory and injunctive relief, and the vacatur of related agency actions.


This case is ongoing.

Summary Authors

Cristina Gonzalez (10/11/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/74859805/parties/nathan-v-trump/


Judge(s)

Cooper, Christopher Reid (District of Columbia)

Attorney for Plaintiff

Eisen, Norman Larry (District of Columbia)

Goin, Lucia (District of Columbia)

Mays, Tianna Jade (District of Columbia)

Michelman, Scott (District of Columbia)

Documents in the Clearinghouse

Documents in this case
1

1:26-cv-03377

Class Action Complaint for Declaratory and Injunctive Relief

Nathan et al. v. Trump et al.

Sept. 28, 2026

Sept. 28, 2026

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/74859805/nathan-v-trump/

Last updated Oct. 14, 2026, 3:07 a.m.

Docket for: NATHAN v. TRUMP
ECF Number Date Description Link
1 Sept. 28, 2026

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-12704365) filed by NATHAN, EDWARD, PATRICIA, CLARA. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons)(Wofsy, Cody) (zmtm). (Entered: 09/28/2026)

1 Civil Cover Sheet

View on PACER

2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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9 Summons

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10 Summons

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Clearinghouse
2 Sept. 28, 2026

NOTICE of Appearance by Cody H. Wofsy on behalf of All Plaintiffs (Wofsy, Cody) (Entered: 09/28/2026)

RECAP
3 Sept. 28, 2026

MOTION to Proceed Under Pseudonym and to File Subsequent Exhibits Under Seal by CLARA, EDWARD, NATHAN, PATRICIA. (Attachments: # 1 Exhibit A - Decl. of Clara, # 2 Exhibit B - Decl. of Patricia, # 3 Exhibit C - Decl. of Edward, # 4 Text of Proposed Order)(Wofsy, Cody) Modified docket event on 9/29/2026 (zmtm). (Entered: 09/28/2026)

RECAP
4 Sept. 28, 2026

NOTICE of Appearance by Scott Michelman on behalf of All Plaintiffs (Michelman, Scott) (Entered: 09/28/2026)

RECAP
5 Sept. 28, 2026

NOTICE of Appearance by Lucia Goin on behalf of All Plaintiffs (Goin, Lucia) (Entered: 09/28/2026)

RECAP
6 Sept. 28, 2026

NOTICE of Appearance by Arthur B. Spitzer on behalf of All Plaintiffs (Spitzer, Arthur) (Entered: 09/28/2026)

RECAP
7 Oct. 2, 2026

NOTICE of Appearance by Taryn Wilgus Null on behalf of All Plaintiffs (Null, Taryn) (Entered: 10/02/2026)

RECAP
8 Oct. 2, 2026

NOTICE of Appearance by Norman Larry Eisen on behalf of All Plaintiffs (Eisen, Norman) (Entered: 10/02/2026)

RECAP
9 Oct. 2, 2026

NOTICE of Appearance by Tianna Jade Mays on behalf of All Plaintiffs (Mays, Tianna) (Entered: 10/02/2026)

RECAP
10 Oct. 5, 2026

MINUTE ORDER: The Court ORDERS that: (1) Plaintiffs' 3 Motion to Proceed Under Pseudonym is GRANTED, subject to any further consideration by the United States District Judge to whom this case is randomly assigned; (2) All parties shall use the pseudonyms listed in the Complaint in all documents filed in this action; (3) For all public filings, the parties shall redact Plaintiffs' names, ages, dates of birth, Social Security numbers, Alien Registration numbers, and any other personally identifying information that could lead to the identification of Plaintiff by non-parties; and (4) Within fourteen days of this Order, Plaintiffs must file: (i) A pseudonymous version of their 3 Motion on the public docket; and (ii) Sealed declarations containing their real name and residential addresses. So ORDERED by Chief Judge James E. Boasberg on 10/05/2026. (lcjeb1) (Entered: 10/05/2026)

RECAP
11 Oct. 9, 2026

SUMMONS (9) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 10/09/2026)

RECAP
12 Oct. 9, 2026

MOTION for Preliminary Injunction by CLARA, EDWARD, NATHAN, PATRICIA. (Attachments: # 1 Text of Proposed Order)(Wofsy, Cody) (Entered: 10/09/2026)

RECAP
13 Oct. 9, 2026

MOTION to Certify Class and Appoint Class Counsel by CLARA, EDWARD, NATHAN, PATRICIA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Text of Proposed Order)(Wofsy, Cody) (Entered: 10/09/2026)

RECAP
Oct. 9, 2026

Case Assigned/Reassigned

Oct. 9, 2026

Case Assigned to Judge Christopher R. Cooper. (zmtm)

14 Oct. 13, 2026

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Grace Choi, Filing fee $ 100, receipt number ADCDC-12736861. Fee Status: Fee Paid. by CLARA, EDWARD, NATHAN, PATRICIA. (Attachments: # 1 Exhibit Attorney Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Goin, Lucia) (Entered: 10/13/2026)

RECAP
15 Oct. 13, 2026

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Omar C. Jadwat, Filing fee $ 100, receipt number ADCDC-12736902. Fee Status: Fee Paid. by CLARA, EDWARD, NATHAN, PATRICIA. (Attachments: # 1 Exhibit Attorney Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Goin, Lucia) (Entered: 10/13/2026)

RECAP
Oct. 13, 2026

.Order AND ~Util - Set/Reset Deadlines

Case Details

State / Territory:

District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Sept. 28, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A minor child represented by a guardian with G-4 visa status, a non-U.S. citizen parent in Australia expecting a child via surrogacy in the U.S., and a G-4 visa holder employed by an international organization.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

NAACP Legal Defense Fund

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Federal

Commissioner of Social Security Administration

Secretary of Homeland Security

Secretary of State

The President

U.S. Department of Homeland Security

U.S. Department of State

U.S. Social Security Administration

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Birthright Citizenship

Other Dockets:

District of District of Columbia 1:26-cv-03377

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Discrimination Basis:

Immigration status

National origin discrimination

Immigration/Border:

Constitutional rights

Status/Classification

Undocumented immigrants - rights and duties

U.S. citizenship - acquiring

U.S. citizenship - losing

Recommended Citation