Casa Inc., Asylum Seeker Advocacy Project, and five pregnant women v. President Trump.
President Trump issued Executive Order 14160, providing that children born after February 19, 2025 to a mother unlawfully or temporarily present, and a father who is not a citizen or lawful permanent resident, are not "subject to the jurisdiction" of the United States and would not be recognized as citizens. (90 Fed. Reg. 8449.)
Judge Boardman preliminarily enjoined the Order nationwide, finding the plaintiffs likely to succeed on their claim that it violates the Fourteenth Amendment's Citizenship Clause and 8 U.S.C. Section 1401(a).
In Trump v. CASA, the Supreme Court stayed the nationwide injunctions in this and related cases as broader than necessary to give the plaintiffs complete relief, without deciding whether the Executive Order is constitutional, and returned the cases to the lower courts.
On remand, Judge Boardman certified a class of children born on or after February 20, 2025 who would be denied citizenship by the Order and entered a class-wide preliminary injunction, finding the plaintiffs "extremely likely to succeed" on their Fourteenth Amendment claim.
The Fourth Circuit held the government's appeal in abeyance pending the Supreme Court's decisions in Trump v. Barbara (No. 25-365) and Trump v. Washington (No. 25-364), which squarely presented whether the Order is constitutional.
In Trump v. Barbara, the Supreme Court affirmed that children born in the United States to parents unlawfully or temporarily present are "subject to the jurisdiction" of the United States and are citizens at birth, holding Executive Order 14160 invalid. Chief Justice Roberts wrote for the Court.
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Overview
A group of advocacy organizations, with assistance from the Institute for Constitutional Advocacy and Protection at Georgetown Law sued President Trump over the constitutionality of the order. The plaintiffs include 5 pregnant women whose expected children would be targeted by the EO.
The Facts
On January 20, 2025, President Trump issued Executive Order 14160, which provided that children born in the United States after February 19, 2025 to a mother unlawfully or only temporarily present, and to a father who is not a citizen or lawful permanent resident, are not "subject to the jurisdiction" of the United States and would not be recognized as citizens. (90 Fed. Reg. 8449.)
CASA, the Asylum Seeker Advocacy Project, and five pregnant women whose children would be covered by the Order sued in the District of Maryland. Judge Boardman first enjoined the Order nationwide; after the Supreme Court in Trump v. CASA narrowed such relief, she certified a class of affected children and entered a class-wide injunction. The government appealed, and the Fourth Circuit held the appeal in abeyance pending the Supreme Court's merits decision.
The Issue
Issue
Whether an executive order restricting birthright citizenship to exclude children born to non-citizen parents violates the Fourteenth Amendment's citizenship guarantee.
The Rules
Rule
The Fourteenth Amendment's Citizenship Clause provides that 'all persons born or naturalized in the United States...are citizens of the United States.' This provision has been interpreted to grant automatic citizenship to children born within U.S. territory regardless of their parents' immigration status (United States v. Wong Kim Ark). Executive orders cannot override constitutional provisions.
The Application
Analysis
Plaintiffs challenge the birthright citizenship order as exceeding executive authority by attempting to deny citizenship rights guaranteed by the Fourteenth Amendment, directly affecting the expected children of five pregnant women whose non-citizen status would render their children ineligible under the order.
The Conclusion
Conclusion
The case is active before Judge Deborah L. Boardman in the Middle District of Maryland; the court must determine whether the executive order violates the Fourteenth Amendment or represents a valid exercise of presidential authority over immigration and naturalization.
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